LEKHA Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.39920/2017 has been filed challenging the order of the District Educational Officer, declining approval of promotion of the petitioner as HSA (English) and declaring the entitlement of the 6th respondent therein for promotion. W.P.(C) No.37899/2017 has been filed by the said 6th respondent, seeking implementation of the order.

(2.) For the sake of convenience, the petitioner in W.P.(C) No.39920/2017 is referred to as the petitioner and the petitioner in W.P.(C) No.37899/2017 is referred to as the sixth respondent. Rule 43 and Rule 51A, hereinafter referred to are, even if not specifically mentioned, those contained in Chapter XIVA of the Kerala Education Rules, 1959.

(3.) The petitioner was appointed as UPSA (English) in a regular vacancy at Samooham High School, North Paravur, from 26/11/2011 onwards. The appointment was duly approved by the authorities. On 3/6/2013, the petitioner was promoted as HSA (English) in a retirement vacancy. However, the approval was not granted by the authorities. On the revision petition by the Manager before the second respondent Director of Public Instructions, the District Educational Officer(DEO) was directed to re-consider the issue. The DEO held that the promotion of the petitioner was effected overlooking the claim of the sixth respondent, who is a claimant under Rule 43 of Chapter XIV-A K.E.R. Accordingly, the approval was rejected. The order was affirmed by the Deputy Director. Challenging the same, the petitioner approached this Court in W.P.(C) No.27544/2017. This Court interfered with the orders and directed the DEO to pass fresh orders. Thereafter, he passed Ext.P13 order holding that the sixth respondent is the rightful claimant for promotion under Rule 51A and Rule 43 of Chapter XIVA KER. The approval of appointment of the petitioner was thus rejected. The petitioner challenges the order, while the sixth respondent seeks implementation of the same.