SUNITHA K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Ext.P4 is an order issued by the Manager of the School, taking the view that the promotion of the 5th respondent will prevail over the claim made by the petitioner under Rule 51A of Chapter XIVA of the Kerala Educational Rules (hereinafter referred to as 'the Rules').

(3.) The short facts involved in the writ petition would disclose that the petitioner worked as H.S.A (Hindi) in the School managed by the 4th respondent from 15/07/1996 to 13/12/1996. Thereafter, for want of vacancy, her services were discharged. According to her, she is a claimant under Rule 51A of Chapter XIVA of the Rules. A vacancy of H.S.A (Hindi) has arisen on account of retirement of Smt.Shankari on 31/03/2006. Instead of appointing the petitioner, Manager appointed the 5th respondent by giving promotion and took a view that she had a better claim under Rule 43 of Chapter XIVA of the Rules than that of the petitioner, who was a claimant under Rule 51A. According to the petitioner, after amendment of Rules 43 and 51A of Chapter XIVA of the Rules as per G.O.(P) No. 187/2005/G.Edn. dated 17/06/2005, which was published in the Gazette on 25/06/2005, Rule 51A claimants have a preferential right than that of Rule 43 claimants. The contention is that this aspect of the matter was not considered by the Manager during the relevant time.