RAMESHAN Vs. JAYAVALLY

JUDGEMENT

(1.) This appeal is filed by the sixth respondent in the Writ Petition. By the impugned judgment, the learned single Judge had quashed Exts. P5, P6 and P7 on the ground that the power of revision available to the Government under R.93 of Chap.14 A of Kerala Education Rules (hereinafter referred to as "K.E.R.") was only in respect of original orders. It is aggrieved by the said judgment that the appellant has come up in appeal. For the sake of convenience, the parties are described as they are arrayed in the Original Petition.

(2.) Before we deal with the controversy, requiring to be resolved, we may notice the facts which are necessary for the disposal of the appeal.

(3.) The sixth respondent in the Writ Petition was appointed in a leave vacancy of H. S. A. (Maths) for the period from 06/10/1997 to 11/12/1997 in the V. P. Oriental High School, Chokli of which the fifth respondent is the Manager. The appointment was also approved by the Educational Authorities. Being a claimant under R.51A of Chap.14 A of K.E.R., he was appointed in a permanent vacancy of HSA(Maths) with effect from 01/06/1998, in a retirement vacancy that arose on 31/03/1998. In Ext. P8 dated 10/08/1998, the staff fixation order for 1998-99, there was reduction of one HSA (Core subject) and the Teacher, who was working against the post was ordered to be absorbed against the retirement vacancy of HSA(Maths), to which the sixth respondent was appointed. Consequently, when the fifth respondent - Manager sought approval of the appointment of the sixth respondent that was declined by the fourth respondent - District Educational Officer, for want of sanctioned post, as per Ext. P9 dated 11/09/1998. The Manager filed appeal before the Deputy Director of Education, the third respondent, which was rejected by Ext. P10. From Ext. P10, it is evident that for the period 1997-98 the number of sanctioned post of HSA (Maths) was four and three Teachers were working, while for HSA (SS) against four sanctioned post, four Teachers were working. In 1998-99 when the sanctioned post of HSA (Maths) continued to be four, the number of Teachers working was reduced to two while as against HSA (SS), though the sanctioned post was reduced to three, four teachers were working against three posts, which was obviously due to the absorption of one HSA(SS).who was rendered surplus against the retirement vacancy of HSA(Maths). Further, Ext. P10 also discloses the following: