REHANA A.B. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is working as Upper Primary School Assistant (UPSA) in the school managed by the 3rd respondent. According to her she has acquired necessary qualification for appointment as HSA(English) as she has Graduation in Maths and Post Graduation in English and B.Ed in Physical Science as well as in English and also has undertaken the qualification of the State Eligibility Test (SET) in English. A vacancy for HSA (English) had arisen on 01.06.2010. The Manager has appointed the 5th respondent who was working as HSA(Maths) as HSA (English). This came to be challenged which resulted in Ext. P8 issued by the District Educational Officer, Ext. P10 by the Director of Public Instruction and Ext. P11 by the Government.

(2.) THE factual circumstances which arises in this case would indicate that the petitioner was appointed as UPSA with effect from 08.06.2001. She was promoted as HSA(Maths) during a maternity leave vacancy from 05.07.2001 to 06.11.2001. When a vacancy had arisen in the school consequent to the retirement of Smt. Laila Beegum HSA(English) on 31.03.2010, according to the petitioner, though she was eligible to be appointed as HSA (English) her claim was rejected by the departmental authorities and Smt. Sabeena M.T. was promoted and appointed to the post of HSA(Natural Science), shifting Smt. Jyothi K. Nair to the post of HSA(English).

(3.) THE contention of the petitioner is that when the vacancy arose on retirement of Laila Beegum HSA(English) there was no justification on the part of the Manager of the school in accommodating Smt. Jyothi K. Nair to the vacant post of HSA (English) when the petitioner was a qualified hand to be appointed and a claimant under Rule 43 Chapter XIVA of KER. In Ext. P8 the District Educational Officer has come to a conclusion that since the 3 HSA's has commenced their service before issuing G.O.(MS)11/02/G/Edn. dated 07.01.2002, as such the excess HSA(Maths) teacher is liable to teach English. Therefore the appointment to the post of HSA(English) is supposed to be made only after retirement or transfer of existing excess Maths teacher. This order came to be passed in a complaint filed by the petitioner in regard to the appointment of Smt. Sabeena M.T. as HSA(Natural Science).