C P SALEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) All these four writ petitions hinges on the question as to whether Smt. K.R. Beegum, the petitioner in W.P.(C) No. 21229/07 is entitled to preferential appointment under Rule 51A of Chapter XIV A of the Kerala Education Rules, in a vacancy which arose on 15-7-2005 in recognition of her earlier approved service for 112 days between 28-6-2000 to 17-10-2000, in a maternity leave vacancy in the post of HSA (Arabic). The question arises on account of the introduction of the first proviso to Rule 51A by amending Rule 51A, by G.O.(P) No. 121/05/G.Edn. dated 16-4-2005 published in the Gazette dated 27-4-2005, by which for claiming preferential right of appointment under Rule 51A a minimum continuous service of one academic year as on the date of relief pursuant to the prior service was made compulsory.

(2.) The brief facts necessary for disposal of these writ petitions may be stated as under.

(3.) Smt. K.R. Beegum was initially appointed as HSA (Arabic) in the M.S.R H.S.S., Malappuram for the period from, 28-6-2000 to 17-10-2000 against a maternity leave vacancy. Although initially the appointment was not approved, the Director of Public Instructions as per order dated 14-1-2002 directed the D.E.O., Malappuram to approve the appointment of Smt. Beegum on condition that Smt. C.P. Saleena, the petitioner in W.P.(C) No. 15291/07, a Rule 43 claimant working in the U.P. Section of the school, be given promotion as HSA in the next arising vacancy. According, the appointment of the petitioner was approved by the D.E.O., Malappuram as per order dated 17-4-2002. As a result, Smt. K.R. Beegum became eligible for preferential appointment under Rule 51A of Chapter XIVA of the Kerala Service Rules in subsequent vacancies, as per the rules obtaining at that time.