MANAGER, BET UPPER PRIMARY SCHOOL Vs. KHAYIS

JUDGEMENT

(1.) This matter is referred to the Full Bench by a Division Bench, doubting the law laid down by the Division Bench in Sreejith T., Upper Primary School Assistant v. Manager, A. M. Upper Primary School [2022 5 KLT 388]. The Division Bench in Sreejith (supra) interpreted the government order dtd. 9/11/1999, overlooking the law laid down earlier by another Division Bench in S.Geetha v. K.Geo Thomas [2009 4 KLT 514]. The above government order is related to accommodating the claim of leave substitutes in an aided school as against the first arising permanent/regular vacancy in the school in the order of seniority.

(2.) In Sreejith (supra), the Division Bench opined that the said government order would apply to the teachers who were relieved as per Rule 49 or Rule 52 of Chapter XIV-A of the Kerala Education Rules, 1959 (Hereinafter referred to as "KER") on account of termination of vacancies and were later appointed on the strength of Rule 51A of Chapter XIV-A of the KER in future regular vacancies.

(3.) In Geetha (supra), the Division Bench, after adverting to the government order, upheld the claim of a teacher whose service was yet to be approved in the service and took the view that the manager is bound under Rule 9 of Chapter III of the KER to follow the government orders, as mandated therein.