C S ANITHA Vs. D P I

JUDGEMENT

(1.) PETITIONER has been appointed as H.S.A.(Maths) under the 4th respondent on 11.6.1990 and she continued up to 14.8.1990 and that appointment has been approved as per Ext.P9 proceedings of the District Educational Officer, Kollam dated 9.10.2003. The third respondent has been appointed as UPSA on 11.6.1990 and she continued up to 20.8.1990 and thereafter form 3.11.1994 to 5.1.1995. In the academic year 1994-95 an additional vacancy of H.S.A. (Maths) was sanctioned. Being a Rule 51A claimant petitioner made request for appointment. According to the third respondent, there was a vacancy of UPSA also under the 4th respondent on 6.6.1994 and had she been appointed as UPSA, she would have been promoted as H.S.A. being a Rule 43 claimant. But the contention of the petitioner is that the appointment of the third respondent as UPSA is only on 6.1.1995. Ext.P3 is the proceedings of the Manager dated 14.11.1995. Those proceedings have been issued pursuant to the direction by the DPI in Ext.R3(a) dated 16.9.1995 wherein the claim of the third respondent for deemed appointment from 6.6.1994 was directed to be considered. In Ext.P3 the Manager found that there was no post available to accommodate the third respondent and her appointment can only be from 6.1.1995. Thereafter she was promoted also to the post of H.S.A. (Maths) in the vacancy which arose on 3.7.1995. If that be so, there is no justification in making a claim for appointment on 6.6.1994. That has been turned down by the Manager as per Ext.P3 and that has become final also. The whole confusion has been created by the Manager in issuing conflicting orders. In view of the finality attributed to Ext.P3 wherein the eligibility of the third respondent for appointment as UPSA has been found to be only from 6.1.1995, she could not have aspired for a further claim for appointment from 6.6.1994. I quash Exts.P4 and P5. PETITIONER shall be deemed to have been appointed as H.S.A. (Maths) as per Ext.P1 validly. All the consequential benefits shall be disbursed to the petitioner, if not disbursed, within a period of one month from the date of production of a copy of this judgment. The original petition is disposed of as above.