RACHEL PHILLIP Vs. STATE OF KERALA

JUDGEMENT

(1.) These are petitions in which identical reliefs are sought for. O. P. No. 6059 of 1970 is by a person who was a teacher in the school of which the 4th respondents is the manager and the O. P. No 6113 of 1970 is by the said manager. The petitioner in O. P. No. 6059 of 1970 was working as a High School Assistant in the 4th respondent's school till 31-3-1967. She resigned her post on 1-4-1967 in order to join her husband who was working in Bombay and having so resigned she proceeded to Bombay. But she had to return soon thereafter when she lost her husband. Thereupon she claimed appointment in the school and then she had to face a competing claim from the 3rd respondent, who, under R.51A of Chap.14A claimed that he was entitled to preference. That rule runs as follows:

(2.) I do not think it is necessary for me to go into this question in detail in view of the Division Bench decision in Writ Appeal No. 44 of 1970. The learned Judges said thus;

(3.) But counsel contends before me that the Division Bench has apparently not noticed the observations of the Supreme Court in several of its decisions and therefore it is open to me to go into that question afresh. Particular reference is made to a passage wherein Justice Shah in Sidhrajbhai v. State of Gujarat ( AIR 1963 SC 540 ) observed thus: