MARCIA COLLIN NORONHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard learned counsel for the appellant, the contesting sixth respondent and the learned Government Pleader. Writ petitioner is the appellant. She and the sixth respondent are teachers in an aided high school which also has upper primary section.

(2.) While the sixth respondent was working as U.P.S.A., a leave vacancy of H.S.A. arose in the school. Writ Petitioner was appointed as against that vacancy for the period from 17.8.2006 to 31.7.2010.That was approved by the competent statutory authority as per proceedings dated 10.2.2009. While so, a regular vacancy of H.S.A. arose on 1.6.2008. Manager promoted the sixth respondent from the category of U.P.S.A. to that vacancy of H.S.A. in terms of R.43 of Chapter XIVA of Kerala Education Rules, 1959, for short, "KER". That stands approved by the statutory authorities. Thereby, they also overruled the claim of the writ petitioner that she was entitled to be regularised as against that vacancy, of H.S.A. which arose in the school while she was working as a leave substitute. Writ petitioner's challenge to that stands repelled by the learned single Judge.

(3.) The trump card of the Writ Petitioner is Ext.P15 Government order - G.O.(MS) No. 275/99/G.Edn. dated 9.11.1999, though the findings in the orders of the statutory authorities are all challenged.