ALEYAMMA Vs. SOSAMMA

JUDGEMENT

(1.) THE ,question that arises for consideration in this Original Petition is one of considerable importance as far as Aided School Teachers are concerned.A specialist teacher was also qualified for the post of Lower Primary School Assistant.Then a vacancy of Lower Primary School Assistant arose in the school and the specialist teacher was appointed in that post and in the specialist post that fell vacant one who was fully qualified for the post was appoin­ted and both the appointments were approved.Sometime later due to reduction in the number of divisions the specialist teacher who got appointment as a Primary School Assistant became surplus.Then the question is whether the qualified teacher working as specialist teacher can be relieved and the Lower Primary School Assistant who became surplus can be again posted as specialist teacher in that post.

(2.) THE 1 st respondent while working as a full -time sewing teacher in the M.T.L.P.School,Kanakappalam was deputed for T.T.C.Course.In the above training vacancy the petitioner was appointed as specialist teacher(sewing ).When the 1st respondent returned after training,the petitioner was relieved on 31st March 1965.On 1st June 1966 the first respondent was confirmed as sewing teacher.Then in 1967 -68 a regular vacancy of L.P.S.A.arose in the school and the 1st respondent was appointed as L.P.S.A.and the appointment of the 1st respondent in that substantive vacancy was approved by the department.In the.vacancy of the specialist sewing teacher that arose,the petitioner was appointed on 2nd November 1967.That appointment also was duly approved.Some years later in the year 1972 -73 for want of strength one class division was abolished and the 1st respondent who was the juniormost L.P.S.A.was thrown out.

(3.) IT is seen from the averments in the Original Petition that from the year 1973 -74 onwards the 1st respon­dent is working as a L.P.S.A.because there arose a vacancy of L.P.S.A.in the school and in that vacancy the 1st respondent was appointed.So,the only question is whether the retrenchment of the.petitioner in the year 1972 -73 and the consequent posting of the 1st respondent as sewing teacher was justified.