SAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These connected writ petitions are filed by a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules, 1959 ('KER' for short) and the Manager of the School in which the claimant was originally working. (For convenience, the parties and Exhibits are referred to, as described in W.P.(C) No.20700 of 2019)

(2.) The petitioner had joined the service in the 5th respondent School as an HSA (Natural Science) as per Ext.P1. In the year 2007, the petitioner had to be retrenched from service on account of a division fall and therefore, she became entitled for the benefits under Rule 51A, Note-2, Chapter XIV- A of KER. Thereafter, she is working as Cluster Coordinator, by virtue of certain packages formed by the Government.

(3.) During the year 2012, in the month of July, there arose a vacancy in the 5th respondent School in the cadre of UPSA. Against the said vacancy, the 7th respondent stood appointed from the open market. Thereupon, the said appointment had to be approved by the District Educational Officer - the 4th respondent. When the said application for approval reached the 4th respondent, by Ext.P3, the 4th respondent rejected the said approval, finding that the petitioner was entitled for appointment as a UPSA by virtue of her claim under Rule 51A, Note-2 of Chapter XIV-A of KER. The said proceedings at Ext.P3 was appealed by the Manager/5th respondent before the 3rd respondent. Ext.P4 is the resultant order issued by the 3rd respondent, by which the appeal stood rejected.