G. SUDHARMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner who was appointed as UPSA in the aided School managed by the 3rd respondent on 06.06.1989. She was latter appointed as HSA (Social Studies) in the said School with effect from 01.09.1994. The reversion of the petitioner as UPSA, consequent to the staff fixation order in the School for the academic year 1998 -99 was challenged by her and the proceedings culminated in Ext. P2 order of the 1st respondent, which is the same as Ext. P9 order in W.P. (C). No. 13689 of 2009 that was dismissed by me today by a separate judgment. In that judgment, the validity of Ext. P2 order was upheld. In view of the said judgment, the petitioner stands to get the benefit of the order dated 27.06.2007, passed by the 1st respondent, whereby she was promoted as HSA (Social Studies) in the School with effect from 15.07.1998.

(2.) IN the present writ petition, the petitioner challenges Ext. P3 order of the 1st respondent whereby the 4th respondent was appointed as HSA (English) in the said School with effect from 01.12.2011. The challenge in the writ petition against the said appointment of the 4th respondent is on the ground that, to the vacancy that arose on 01.12.2011, vis -a -vis the petitioner and the 4th respondent, the petitioner had a superior claim since, aside from the fact that she was an HSA in (Social Studies), she was also a claimant under Rules 43 and 51A of the KER. The contention, therefore, is that on account of her superior claim under Rules 43 and 51A, she should have been preferred over the 4th respondent while making appointments to the post of HSA (English) on 01.12.2011. The petitioner also has a case that the 4th respondent is overaged and hence, for that reason also, she could not have been appointed with effect from 01.12.2011 to the post in question.

(3.) I have heard Sri. Kaleeswaram Raj, learned counsel for the petitioner, Sri. O.V. Radhakrishnan, the learned Senior counsel appearing on behalf of 4th respondent and Sri. A.J. Jose Aedaiodi, the learned Government Pleader appearing on behalf of respondents 1 to 3.