STATE OF KERALA Vs. K. UDAYAKUMARAN

JUDGEMENT

(1.) WE have heard the learned Senior Government Pleader and the learned counsel appearing for different private respondents.

(2.) THIS matter relates to four teachers of P.K. High School, Mannapra, Alathur Taluk, Palakkad District.

(3.) THE Department refused the approval of the appointment of one among the newly appointed UPSAs, but the reasoning of the Department was such that it would affect the promotions and appointments of all the aforesaid four persons. Therefore, they along with the Manager filed the writ petition. Before the learned single Judge, arguments were advanced based on Rules 43 and 51A of Chapter XIV -A KER and the effect of the proviso and notes to one of those Rules vis -à -vis the Government order obliging the Manager to appoint protected teachers. While the statutory obligation in relation to protected teachers were noted by the learned single Judge as only relevant to those teachers retrenched from the educational agency concerned, it was further held that the executive order of the Government will not apply where the statutory Rule directly governs. It was accordingly held by the learned single Judge that the eligibility of two teachers who were working as UPSAs for promotion in terms of Rule 43 of Chapter XIV -A KER had to be accepted overriding the effect of the executive order whereby the Government wanted protected teachers to be appointed in vacancies.