THE CORPORATE MANAGER, FRANCISCAN CLARIST CONGREGATION SCHOOLS AND ORS. Vs. THE STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioners, a Corporate Manager and a teacher, have filed this writ petition challenging Exts. P5, P6 and P11 orders, by which appointment of the 2nd petitioner as a Lower Primary School Assistant (LPSA for short), has been rejected.

(2.) THE 2nd petitioner was initially appointed as an Upper Primary School Assistant (UPSA for short) for the period 14.07.1999 to 01.07.2000. The said appointment was approved by Ext. P1. Thereafter, she was again appointed as a UPSA for the period from 06.06.2001 to 01.07.2005. The said appointment was also approved as per Ext. P3. While so, even before her period of appointment as per Ext. P3 had expired, she was appointed as LPSA on 05.06.2002 under the same management. However, the said appointment was rejected by the 4th respondent as per Ext. P5. An appeal filed by the second respondent was also rejected by Ext. P6. The petitioners had thereafter approached the Government but, the claim of the 2nd petitioner has been rejected by Ext. P11.

(3.) ACCORDING to the learned counsel for the petitioner, the Government had clarified the position by issuing Exts. P7 and P8 proceedings. It has been clarified that the new amendment would not affect claims under Rule 51 A, Chapter XIV A KER, secured before 08.06.2000. The 2nd petitioner having worked as a UPSA before the said date, she is entitled to the benefit of the clarification in Exts. P7 and P8, it is contended. Therefore, according to the petitioners, directions to pay salary for the period from 05.06.2002 to 04.06.2004 is necessary to be issued in this case. It is contended that the 2nd petitioner actually worked during the said period and that the students had benefited from her efforts. The counsel also places reliance on Ext. P12 Government order to contend that a similar relief of payment of salary had been granted to another teacher, who had worked under identical circumstances.