DEVAKIKUTTY AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE decision of these origional petitions depends upon the interpretation of rule 43B of Chapter XIVA of the Kerala Education Rules,1959.These original petitions which question the same orders are heard together.In O.P.No.1427 of 1974 the aggrieved teacher is the petitioner while in O.P.No.2630 of 1974 the petitioner is the Manager of Rajendra High School in which the peti­tioner in the former original petition is a Hindi teacher.Counter -affidavits are filed in O.P.No.1427 of 1974 and in this judgment parties and exhibits are referred to as they are in O.P.No.1427 of 1974.

(2.) THE petitioner is now working as a full -time High School Assistant(Hindi ).She was fully qualified for the post of H.S.A.( Hindi)on the date of commencement of her services in the above High School of which the 4th respondent is the Manager.She was first appointed as a full -time H.S.A.from 15th July 1963 to 25th March 1964 in a training vacancy.Thereafter,when a part -time post of H.S.A.( Hindi)came into existence,the petitioner was appointed in that post from 1st June 1964 onwards.In the year 1965 -66 originally a full -time post of H.S.A.( Hindi)was there and then the petitioner was appointed as full -time H.S.A.Subsequently,the post was reduced into a part -time one and thereupon the petitioner continued as a part -time H.S.A.( Hindi)till 10th August 1972.The 5 th respondent worked as a lower grade part -time Hindi teacher from 3rd July 1959 and became a lower grade full -time Hindi teacher from 23rd June 1960.

(3.) IN O.P.No.2630 of 1974,Ext.P 10 is Ext.P -8 and the order of the 2nd respondent produced in this case as Ext.P -8 is Ext.P -7.