SARARMMA Vs. D E O KOTHAMANGALAM

JUDGEMENT

(1.) These three appeals involve a common question of construction of R.51A of Chapter XIV-A of the Kerala Education Rules (the Rules, for brevity). This rule had been the subject of consideration in two decisions of this court in Gopalakrishnan Nair v. District Educational Officer, 1988 (1) KLT 644 and Sreekumari Amma v. State of Kerala, 1988 (2) KLT 359 , both by the same Division Bench. Appellants however contend that these decisions require reconsideration as, according to them, all aspects relating to the rule have not been considered in those decisions, and also because "the Bench had not taken note of an unreported judgment in Writ Appeal Nos. 160 and 197 of 1972, which is stated to take a contrary view.

(2.) We shall briefly state the facts in the three cases. W.A.No.646 of 1991:

(3.) This order was challenged in the original petition with the contention that the appellant was entitled to preference in appointment as H.S.A. (Hindi) by virtue of her having functioned as a lower grade Hindi teacher in the Upper Primary section of the school in 1976-77. The learned Judge dismissed the petition following the decisions of the Division Bench, after holding that there was no identity between the posts of lower grade Hindi teacher occupied by the appellant in 1976-77 and the post of H.S.A. to which she aspired to be appointed now. The writ petitioner has therefore filed this appeal.