STELLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The respondent is a Corporate Management. It has many schools. In a leave vacancy of Lower Division Clerk, in one of the schools belonging to the 4th respondent, petitioner was appointed. That vacancy was between 7-1-1985 to 6-4-1985. Later when another leave vacancy arose in one of the schools run by the 4th respondent, petitioner was appointed from 13-11-1985. Since the permanent incumbent expired during that vacancy, petitioner was appointed in that regular vacancy with effect from 29-12-1985. Above appointments were not approved by the District Educational Officers on the ground that 4th respondent ought to have promoted two Peons who were fully qualified and posted as Lower Division Clerks. 4th respondent took up the matter in appeal before the Deputy Director of Education and the Director of Public Instruction without success. Thereupon, petitioner and 4th respondent preferred revision petitions under R.92 of Chap.14A of Kerala Education Rules before Government. By Ext. P8 order, Government rejected both revision petitions. Hence this original petition.

(2.) Respondents 5 and 6 were working as Peons when the vacancies of Lower Division Clerks, to which petitioner was appointed, arose. Respondents 5 and 6 were appointed long subsequent to 1-10-1964. So, their conditions of services are governed by Chap.24B of the Kerala Education Rules. R.7 of Chap.24B inter alia states that rules regarding appointment, promotion, seniority etc. contained in Chap.14A applicable to teachers of aided school shall mutatis-mutandis apply to non teaching staff in aided schools. Note-1 to R.1 of Chap.14A provides that a member of the non teaching staff under the category of Clerks, peons, etc. shall be eligible for appointment as teachers, provided he has the prescribed qualification. As per R.43 of Chap.14A, vacancies in the higher grade of pay shall be filled up by promotion of qualified hands in the lower grade according to seniority. The combined effect of the above provisions is that a qualified peon is entitled to be promoted to the cadre of Lower Division Clerk in preference to a direct recruit. When vacancy of Lower Division Clerk arose in the school run by the 4th respondent on 7-1-1985, respondents 5 and .6 were fully qualified to be promoted to that post. Their claim for promotion is protected by R.43 of Chap.14A of Kerala Education Rules. Petitioner's appointment to that vacancy has gone to affect the rights of these respondents adversely. So, educational authorities and the Government were justified in refusing to approve the appointment of the petitioner.