VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Interesting questions in the Kerala Education Rules arise for consideration in this case. The questions are: (1) After giving his consent for the transfer of a teacher working in a school under another educational agency can the Manager of a school fill up the vacancy by appointing another teacher and (2) if the Manager of a school requests for the return of an appointment order submitted for approval, the educational officer returns the same and the Manager resubmits the appointment duly signed by the teacher with effect from a later date, can the Government in revision direct that the appointment of the teacher should be approved with effect from the earlier date contained in the first appointment order submitted for approval.

(2.) The petitioner is now a Lower Primary School Assistant in the D. V. L. P. School, Vettiyar, of which the additional 4th respondent is the Manager. On 1st April, 1977 a vacancy of an Lower Primary School Assistant arose in the school because of the retirement of the Headmaster of the school. The additional 4th respondent decided to fill up that vacancy by inter management transfer of the petitioner who was then working in the A. M. L. P. S., Mattathur in Malappuram District. On 11th July, 1977 the manager gave a consent letter to the petitioner. Then as per the staff fixation for the year 1977-78 the 2nd respondent Assistant Educational Officer, Mavelikkara sanctioned an additional post of Lower Primary School Assistant for the school. The manager appointed the 3rd respondent in that additional post on 1st August, 1977 and submitted the appointment for approval to the 2nd respondent. The District Educational Officer, Mavelikkara abolished the additional post of Lower Primary School Assistant sanctioned in the review of staff fixation by order, dated 18th August, 1977. Thereupon, the Manager requested the 2nd respondent for the return of the appointment order of the 3rd respondent and the 2nd respondent returned the same unapproved. Against the order of the District Educational Officer abolishing the new post sanctioned, the Manager filed an appeal before the Regional Deputy Director of Public Instruction, Trivandrum and the post was restored with effect from 12th September, 1977 by the order passed in the appeal. The petitioner's inter management transfer was sanctioned and the petitioner joined duty in the D. V. L. P. School, Vettiyar on 13th September, 1977. The 3rd respondent's appointment was re-submitted more than once changing the dates of appointment and ultimately her appointment was approved with effect from 30th September, 1977 in the additional post of Lower Primary School Assistant sanctioned for the year 1977-78. The 3rd respondent continued to work in the school without break from 1st August, 1977.

(3.) On 8th May, 1978 that 3rd respondent submitted Ext. P-1 petition before the 1st respondent State requesting for orders to approve her appointment from 1st August, 1977 onwards. The petitioner on receipt of notice, submitted Ext. P-2 objections before the 1st respondent. The 1st respondent after hearing all the parties, passed Ext. P-3 order that the appointment of the 3rd respondent as teacher in the D. V. L. P. School, Vettiyar will be approved with effect from 1st August, 1977 on which date there was a vacancy in the school caused by the promotion of an Lower Primary School Assistant as Headmaster. It is the above order that the petitioner has challenged in this Original Petition. Over and above the relief for quashing Ext. P-3 the petitioner has prayed for the following two reliefs also: