JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition raises an interesting question as to what will happen when a person working as a non teaching staff is appointed as a Teacher for a short term when his term is over. To put it more clearly, the petitioner in this case was a Full-time Menial. He was promoted as a Lower Grade Hindi Teacher, since he was fully qualified for the same in a leave vacancy. After the leave vacancy was over, he came back. But the Management thinks that he cannot come back and he is not entitled to any benefit as a non teaching staff. The entire question depends upon the interpretation of R.43 of Chap.14A read with R.1(1) Notes 1 and 2 of the same Chapter of the Kerala Education Rules (hereinafter referred to as 'the K.E.R.'). Facts of the case are as follows:

(2.) The petitioner - James was appointed as a Full-time Menial in the Devaswom Board High School, Erumeli by the fourth respondent - Management on 23.12.1998. It was a short term vacancy upto 31.3.1999 and the said period of service of the petitioner was approved by the second respondent - District Educational Officer as per order dated 26.5.1999. Subsequently, he was appointed in a regular vacancy of Full-time Menial from 13.5.1999 onwards in the Devaswom Board High School, Trikariyoor. The said appointment was also approved with effect from 13.5.1999 by the District Educational Officer, Kothamangalam as per order dated 16.7.1999. Thereafter, the petitioner was transferred and posted as Full-time Menial in the Devaswom Board High School, Thiruvalla with effect from 13.11,2000.

(3.) The petitioner passed S.S.L.C. Examination conducted by the Board of Public Examinations. Thereafter, he had passed Rashtra Bhasha Visarad conducted by the Dakshin Bharat Hindi Prachar Sabha and Rashtra Bhasha Praveen conducted by the Dakshin Bharat Hindi Prachara Sabha. He had also passed LTT (Hindi Teaching) Examination, which was held in April, 1994. As such the petitioner became fully qualified for being appointed as a Lower Grade Hindi Teacher. The petitioner submitted that as per the provisions contained in R.1(1) Notes 1 and 2 of Chap.14A of K.E.R., a member of the non teaching staff shall also be eligible for promotion as Teacher provided he has got the prescribed qualification and there is no Teacher for promotion or for appointment to such post under the Rules.