JAYASREE V.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was appointed as High School Assistant (Physical Science) in the aided school under the managership of the third respondent and her appointment to that post was also approved with effect from 16.06.1983 as per Ext.P1. The fourth respondent was initially appointed as High School Assistant (Arabic) in a part -time post as per Ext.P2 order dated 19.07.1982 and the second respondent, the District Educational Officer had approved his appointment in terms of Ext.P2 with effect from 15.07.1983. The said post of part -time HSA (Arabic) was converted as a Full Time HSA (Arabic) later and the 4th respondent was appointed as HSA (Arabic) in that Full Time post with effect from 15.07.1983 and approval was also granted for such appointment with effect from 15.07.1983 as can be seen from Ext.P3 dated 08.09.1983.

(2.) IN the seniority list of the teachers of the school as on 01.10.1995, the petitioner was assigned serial No.7, whereas the 4th respondent was assigned seniority serial No.10 therein. In the latest seniority list published as on 01.10.2013 as per Ext.P5, the seniority position assigned to the petitioner is at serial No.3 thereof and that of the 4th respondent is at serial No.5 thereof. It is common ground that the petitioner was treated as senior to the 4th respondent all through out for the last three decades. The vacancy in the post of Head Master/Head Mistress of the school was to arise as on 31.03.2014, due to the retirement of the then incumbent in that post on attaining the age of superannuation. It appears that the 4th respondent had submitted a representation referred to as first paper in Ext.P6, addressed to the Minister for Education, and the Government as per Ext.P6 dated 25.07.2013 directed that as the 4th respondent was appointed as HSA (Arabic) in the Full Time post with effect from 15.06.1983, he should be given seniority in that post with effect from 15.06.1983, if he is otherwise eligible. Based on Ext.P6, the second respondent -District Educational Officer issued Ext.P7 dated 22.11.2013 ordering to grant approval to the appointment of the 4th respondent as HSA (Arabic) with retrospective effect from 15.06.1983, in the above said Full Time post. This is justified by reference to the provisions in Rule 12B of Chapter XXIII of the Kerala Education Rules (KER). It is these orders as per Exts.P6 and P7, that are mainly under challenge in this writ proceedings.

(3.) IT is in the background of these facts and circumstances that the petitioner has chosen to file this Writ Petition (Civil) with the following prayers: