LAKSHMI DEVI P N Vs. COMMISSIONER, GURUVAYUR DEVASWOM

JUDGEMENT

(1.) The judgment of the learned Single Judge rendered on 19.12.2013 in W.P.(C).No.3503/2011 is impugned in this intra court appeal by the unsuccessful writ petitioner therein. The Writ Petition (Civil) was instituted for a writ of certiorari to quash the impugned Ext.P-17 order dated 20.1.2011 passed by the 3rd respondent- Administrator, Guruvayur Devaswom, rejecting the request of the petitioner for promotion to the post of High School Assistant (Hindi) viz., [H.S.A. (Hindi)] in the Guruvayur Devaswom English Medium School and praying for a mandamus to direct the respondent- Guruvayur Devaswom authorities to reinstate/restore the petitioner as H.S.A. (Hindi) with continuity of service and full service benefits as H.S.A. (Hindi). The facts necessary for the disposal of this appeal are as follows:

(2.) The appellant and the contesting respondent No.4 (R-4 for short) had applied for the post of Lower Primary (L.P) Hindi teacher in the above said school under the 2nd respondent Guruvayur Devaswom Managing Committee. These candidates were interviewed on 3.11.1995 and 4.11.1995 and on the basis of that selection, Ext.P-2 select list was published in pursuance of Ext.P-1 resolution. The candidates who were selected were issued Ext.P-3 appointment order, pursuant to which, R-4 joined duty on 18.11.1995 and the appellant/writ petitioner joined duty on 21.11.1995. R-4 completed the prescribed period of probation of one year within a continuous period of two years and was declared to have successfully completed the probation with effect from 18.11.1996 as per order dated 25.10.1997. The probation of the appellant was declared by Ext.P-4 order dated 9.2.1998, with effect from 9.4.1997, as the appellant had availed leave without allowances (L.W.A) from 1.11.1996 to 30.3.1997 before completion of the period of probation. The appellant was said to be on leave from 1.11.1997 to 1.2.1998 (maternity leave) and from 2.2.1998 to 1.6.1999 (leave without allowances said to have been taken in continuance of maternity leave).

(3.) It is stated that the two posts of H.S.As., one in Physical Science and another in Hindi, were sanctioned to the above school on 24.10.1997. R-4 was promoted as H.S.A. (Hindi) on 25.11.1997. It is the case of the respondents that the appellant, who was on leave without allowance during the above period, was not qualified to be considered for promotion as she had not completed her probation in the lower feeder category post of L.P. Teacher. An incumbent who had availed leave without allowances without completing the probation, was said to be eligible only to rejoin duty in that post.