BINDU THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Retrospectivity given to the proviso to R.2 of Chapter XXXI of the Kerala Education Rules is questioned in WP (C) No. 21154 of 2003 on the ground that the same would take away the vested rights under R.51A, Chapter XIVA of the Kerala Education Rules and the Government Order No. GO (MS) 177/87/G.Edn. dated 22/08/1987 permitting the candidates possessing Post Graduate qualification in the concerned subject or language, eligible for appointment as HSA (subject) or HSA (language) is under challenge in OP No. 32623 of 2001. Before examining the above issues we may refer to the facts in OP No. 5099 of 2001.

(2.) OP No. 5099 of 2001 was preferred by one C. P. Lilly seeking a writ of certiorari to quash Exts. P3, P6 and P8 orders and also for a writ of mandamus directing the 2nd respondent therein to issue appropriate direction to promote the petitioner to the post of HSA (Malayalam) in the retirement vacancy which arose on 01/06/1999 and also for other consequential reliefs. C. P. Lilly was appointed as UPSA in the 6th respondent school on 22/11/1988. Due to division fall her service was terminated with effect from 14/07/1992. Later she was appointed to the permanent post of UPSA on 06/06/1994 and is continuing as such. When the petitioner, the 3rd respondent in WP (C) 21154/03, entered service her qualifications were B.Sc. and B.Ed. (Natural Science). While in service she acquired M. A. (Malayalam) with second class in the year 1997 and was fully qualified for appointment to the post of HSA (Malayalam) as per GO (MS). 177/87/G.Edn. dated 22/08/1987. Sindhu, the 7th respondent entered service on 29/06/1995 and her service was terminated on 14/07/1996 due to division fall. She was again appointed on the strength of GO (MS). 377/96/G.Edn. dated 08/11/1996. Later her service was terminated on 14/07/1998 due to division fall. She was reappointed on 19/11/1998 on a temporary vacancy of HSA (Malayalam) being R.51A claimant and later her service was terminated on 05/03/1999.

(3.) A permanent vacancy of HSA (Malayalam) arose in the school due to the retirement of one Ammini. Petitioner staked her claim for the said post since she was fully qualified for being appointed to the post of HSA (Malayalam) being a R.43 claimant. Petitioner submits, overlooking her claim, the Manager 6th respondent appointed Sindhu in the vacancy which arose on 01/06/1999 on the ground that she was a R.51A claimant. Petitioner took up the matter before the DEO. Her request was rejected by Ext. P3 order dated 19/01/2000 mainly relying upon GO (P) No. 175/99/G.Edn. dated 26/07/1999. Order of the DEO was confirmed by the Deputy Director of Education and later by the Government and those orders are under challenge in OP No. 5099 of 2001.