M.J. LISSY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner entered services as a Sewing Teacher in the St. George High School, Kottangal, Chungappara, on 12/6/1990, vide Ext. P1 memo of appointment issued by the Corporate Manager, Corporate Educational Agency, Diocese of Thiruvalla, the 3rd respondent herein. The said appointment was approved and she worked there till 15/7/1994. With effect from 15/7/1994 FN, she was posted at St. Thomas High School, Eruvellipra, another school under the very same management, vide Ext. P2 order of the 3rd respondent, and allowed to work against a new post proposed to be sanctioned during 1994 -95. This transfer was necessitated in order to accommodate a senior Sewing Teacher, who was relieved from St. Joseph High School, Piravom, under the very same management, due to division fall in that school.

(2.) ACCORDING to the petitioner, as evident from Ext. P3 attendance sheet of Eruvellipra School, she had worked and permitted to mark attendance in the said school from 15/7/1994 till 28/8/1995. But the said transfer was not approved for want of sanction for the anticipated post in Eruvellipra School. Later, on 29/8/1995, she was transferred to MLKAM High School, Elanad, a new school purchased by the 3rd respondent in February/March, 1994, and posted against the vacancy of Sewing Teacher available from 15/7/1994, which remained unfilled till 29/8/1995. Ext. P4 is the order passed by the Director of Public Instruction, the 2nd respondent herein, dated 12/12/1994, granting approval for the change of management of Elanad School, involving change of ownership, in favour of the 3rd respondent. Ext. P5 is the staff fixation order of Elanad School for the academic year 1994 -95, dated 30/10/1994, which would show that an additional post of Sewing Teacher was sanctioned in Elanad School for the academic year 1994 -95. However, the petitioner's transfer to Elanad School was approved only from 29/8/1995.

(3.) THE petitioner came to know about the availability of vacancy of Sewing Teacher in Elanad School from 15/7/1994, only in September, 1995, on joining duty there. The petitioner submitted Ext. P6 representation before the 2nd respondent, in order to regularise her service for the period from 15/7/1994 till 28/8/1995, which was followed by Exts. P7 and P8 representations. Later, the petitioner filed Ext. P10 representation before the Government, the 1st respondent herein, under Rule 92 of Chapter XIVA of the Kerala Education Rules (hereinafter referred to as 'the KER') seeking regularisation of her broken period of service so as to enable her to get 16 years grade with all consequential benefits. By Ext. P11 judgment, this Court disposed of W.P.(C)No. 7622 of 2007 filed by the petitioner, directing the 1st respondent to consider and take a decision on Ext. P10 representation in accordance with law, with an opportunity of hearing to the petitioner and any other affected party, within a period of 2 months from the date of receipt of a copy of the judgment.