A K MANJU Vs. STATE OF KERALA

JUDGEMENT

(1.) W. P. (C) 31330/2003 is filed by Mis. A. K. Manju and W. P. (C) 18545/2004 is filed by Mis. V. R. Resmi. Both of them staked claim to be appointed as H.S.A. (Maths) in a regular vacancy that occurred in the service of M.S.P. Higher Secondary School, Malappuram owing to the retirement of Sri Jathavedan Namboodiri on 31-3-2002.

(2.) The claim of Ms. Manju is that she, who is an L.P.S.A. in the same school, is entitled to be promoted by virtue of R.43 of Chap.14(A) K.E.R. as against the said vacancy of H.S.A. while the case of Ms. Resmi is that on account of a prior approved spell of her employment as against a leave vacancy as H.S.A. in the said school she is entitled to be appointed as H.S.A. in the permanent vacancy. The Manager appointed Ms. Resmi and the statutory authorities approved and upheld such appointment of Ms. Resmi as per the orders impugned in W. P. (C) 31330/2003 filed by Ms. Manju. In that writ petition there was an interim order that the approval of the appointment of Ms. Resmi will be subject to the result of the said writ petition. Accordingly, it appears that Ms. Resmi was not paid the salaries due to her and therefore, she filed W. P. (C) 18545/2004. It is thus that these two matters get linked up.

(3.) The material facts relevant to resolve the dispute between the parties may be noted as under: Sri Jathavedan Namboodiri retired on 31-3-2002. Thus, a vacancy of H.S.A. (Maths) arose on 1-4-2002. This is the normal course of law. 31-3-2002 was the last day of that academic year. R.7A(2) provides that posts that may fall vacant on the closing date shall not be filled up till the reopening date except in the case of posts of non vacation staff. Therefore, the vacancy that occurred by the superannuation of Sri Jathavedan Namboodiri on 31-3-2002 could have been filled up only on 5-6-2002 which is the reopening date for the school in that year.