ANITHA S Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was included in the ranked list published by the Kerala Public Service Commission for appointment to the post of High School Assistant (Sanskrit) in the Department of Education. She was placed at serial No. 9 in the list. At that time, petitioner was working as Part Time Junior Teacher (Sanskrit) in a Government Upper Primary School in Thiruvananthapuram District.

(2.) Understandably when the Commission issued Exhibit P2 advice memo, petitioner gleefully accepted it. Of course, before issuance of Exhibit P2, the Commission had asked her willingness as to whether she was prepared to Work in a High School managed by a Grama Panchayat. According to the petitioner, she was left with no other choice, but to accept it, since she had been waiting in the queue for the order for the last more than three years.

(3.) It is the admitted position that the petitioner had jointed service as High School Assistant in the High School run by a the Alagappa Nagar Grama Panchayat on December 12,2002, pursuant to Exhibit P3 order of appointment issued by the Manager of the School. It is also beyond controversy that the petitioner had completed her probation successfully. But during the academic year 2003-2004, the full, time post of High School Assistant (Sanskrit) in the school was ordered to be converted as a part time post. Exhibit P4 is the order of fixation of establishment, issued by the Controlling Officer. Consequently, petitioner's pay attached to the post of Full Time Teacher was reduced from Rs. 4600-7125 to Rs. 3350-5275. The same scenario repeated during the academic year (2004-2005) also. Exhibit P5 is the order of fixation of establishment for the academic years 2004-2005.