RESHMA PARAYIL Vs. V.K.GIRIJA

JUDGEMENT

(1.) This appeal arises from the judgment in WP(C) No.30707 of 2014. The said writ petition was filed by the first respondent herein seeking to challenge Ext P6 Government Order whereby the claim of the appellant for appointment to the post of H.S.S.T(Economics) sanctioned in the academic year 2011-2012 was upheld. By the judgment under appeal the learned single judge, held that the ratio prescribed in Rule 4 of Chapter XXXII KER in the matter of appointment to the post of H.S.S.T in a Higher Secondary School should be applied against the cadre strength. On that basis the learned Single Judge set aside Ext P6 and allowed the writ petition. It is this judgment which is under challenge before us.

(2.) We heard the counsel for the appellant, the learned counsel for the first respondent and the learned Government Pleader appearing for respondents 2 to 4.

(3.) The school of which the 5th respondent is the Manager was upgraded as a Higher Secondary School in the academic year 2010-2011. Following its up-gradation the school was sanctioned 13 posts of H.S.S.T(Junior). Those posts were filled up, in the manner as laid down in Rule 4(3) of Chapter XXXII KER. In the academic year 2011-2012 two posts of H.S.S.T and 2 posts of H.S.S.T (Junior) were sanctioned. According to the appellant, she was the eligible H.S.A for by transfer appointment to the post of H.S.S.T(Economics). It is her case that ignoring her superior claim the Manager appointed the first respondent by direct recruitment from outside. The appellant took up the matter before the Regional Deputy Director and the Director and both of them rejected her contentions by Exts P4 and P5 orders. However, in Ext P6 order Government upheld her claim. It was accordingly, the first respondent filed the writ petition, impugning Ext P6 and which came to be allowed by the impugned judgment.