LAWS(KER)-2005-7-63

D SAROJAKUMARI Vs. R HELEN THILAKOM

Decided On July 06, 2005
D.SAROJAKUMARI, MUSIC TEACHER Appellant
V/S
R.HELEN THILAKOM, PART-TIME MUSIC TEACHER Respondents

JUDGEMENT

(1.) The appellant, one and same person in both the Writ Appeals, is a candidate preferred by the 6th respondent Manager for appointment as Music Teacher in Samuel LMS High School, Parassala. It is the admitted case by all that the said Manager has other Schools including a Blind School, namely, Light to the Blind School, Varkala. It is also common case that the first respondent - petitioner was appointed by the said Manager as a part time Music Teacher (Instrumental) in that Blind School. At the time when the appellant was appointed by the Manager, the first respondent was already in service working in that Blind School. Her appointment has been duly approved by the Educational Officer concerned.

(2.) The appellant was appointed based on a notification issued by the Manager pursuant to which the first respondent also responded. When the Manager preferred the appellant, the first respondent objected to it before the Educational Officer, successfully. The appeal by the Manager before the Deputy Director did not succeed. Thereupon the Manager took the matter in revision under R.8 A Chap.14(A) K.E.R. before the Director. This revision was allowed finding that the first respondent did not have a claim against the post to which the appellant was appointed. Ext. P 8 is the order passed by the Director. This adverse order was challenged by the first respondent before the Government in a revision under R.92 Chap.14(A) K.E.R. It was dismissed as per Ext. P 11 order rejecting the claim of the first respondent - petitioner. She challenged the same before this Court in the Original Petition. It was quashed. Therefore, this Writ Appeal by the sixth respondent in the Original Petition.

(3.) The only point involved in these appeals is whether the Blind School where the first respondent was appointed and the Samuel LMS High School where the appellant was appointed could be treated as one unit.