GLADIS SIMON Vs. P.L. LILLY AND ORS.

JUDGEMENT

(1.) THIS order will dispose of two Writ Appeal Nos. 1416 and 1459 of 2003 both of which are directed against the order passed by a learned Single Judge allowing O.P. No. 36534 of 2002 filed by the first Respondent. Since arguments were addressed in W.A. No. 1459 of 2003, the facts are being taken from this case. Counsel for the parties are agreed that the decision in this case shall govern the other case as well. The facts giving rise to the appeal may first be noticed.

(2.) THE Appellant before us was the 6th Respondent in the Writ Petition filed by the first Respondent. The writ Petitioner had been appointed as a temporary Sewing Teacher in St. Loui's High School, Mundamvely against the leave vacancy of one Smt. Prestina John. She joined as a temporary teacher on 9 -9 -1980 and worked up to 5 -12 -1980. This service was approved by the District Educational Officer. St. Loui's High School was then under an individual educational agency. The management of the school was then brought under a corporate educational agency, Diocese of Cochin, Catholic Center, Kochi with effect from 1 -4 -1981. It is common ground between the parties that the management of the school was transferred from an individual educational agency to the corporate educational agency with effect from this date. The Appellant was also appointed as a Sewing Teacher on temporary basis against a short term vacancy in St. Peter's High School, Kumbalangi. She was appointed on 9 -8 -1982 and worked up to 30 -10 -1982. This school (St. Peter's High School) is managed by the 6th Respondent. Her service was approved by the District Educational Officer. After this appointment was over, she was given a temporary appointment against a short term vacancy as a teacher on 10 -1 -1983 and she worked up to 30 -3 -1983 in St. Loui's High School, Mundamveli. This service was also approved by the competent authority. As already observed, this school had, by now, come under the corporate management of the 6th Respondent In other words, the Appellant had to her credit two stints of temporary service in two different schools under the same corporate management. Thereafter, she was again given a temporary appointment on 23 -1 -1990 and she worked up to 30th March, 1990 in St. Augustine's High School, Aroor. This service was also approved and the school is run by the same corporate management, namely, the 6th Respondent. Thereafter, she was appointed on 4 -6 -1990 as a Needle Work Teacher in St. Augustine's High School, Aroor against a permanent vacancy on the retirement of a regular teacher and it is not in dispute that she is continuing on that post till date. The service has been approved by the competent authority. This regular appointment was given to the Appellant as a claimant under Rule 51A of Chapter XIV A of the Kerala Education Rules, 1959 (for short 'the Rules') as she had to her credit three stints of approved temporary service under three different schools run by the same management.

(3.) SINCE the dispute between the Appellant and the first Respondent hinges on the interpretation of Rule 51A of the Rules, it is necessary to make a reference to it. It reads as under: