SREEDHANIA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was appointed in a regular vacancy of U.P.S.A. in the U.P. Sec. of the Ramanattukara Higher Secondary School on 1/6/2016. Petitioner was holding B.A., M.A.(History), T.T.C and B.Ed. She passed KTET category III in 2013 and category II in 2014. She passed SET also in 2016.

(2.) In the academic year 2018-19, in the High School Sec. , three additional posts of H.S.As. were sanctioned vide Staff Fixation Order dtd. 10/7/2018. However, only the post of H.S.A. (Physical Science) was filled up by the 3rd respondent and other two posts were kept vacant. Claim of the petitioner is that as on the date of occurrence of vacancy of H.S.A.(Social Science), 10/7/2018 she was the only U.P.S.A. qualified to be promoted and appointed as H.S.A. (Social Science). Petitioner had the KTET qualification as also all other qualifications for getting promoted as H.S.A. She therefore claimed that she was an eligible Rule 43 claimant.

(3.) Petitioner submitted a representation to 3rd respondent on 21/6/2018, when she anticipated sanctioning of a post of H.S.A. (Social Science) requesting that when the vacancy will be filled up she may be considered for promotion. However, the post was not filled up and on 13/10/2018, Manager issued Ext.P10 letter intimating the petitioner that her request would be discussed on merit as per Rules, at the time of effecting promotion to the post of H.S.A.(Social Science). Petitioner thereafter submitted a representation to the 2nd respondent also. She approached this Court after submitting the representations. She sought a direction to the respondents to fill up the vacancy of H.S.A. (Social Science) by promoting her and another direction preventing the 2nd respondent from approving the appointment of H.S.A. (Social Science) of any person other than the petitioner.