S SINDHU Vs. STATE OF KERALA

JUDGEMENT

(1.) A Music Teacher in the Victor Boys High School, Nemom, Thiruvananthapuram has filed this original petition seeking to quash Exts.P3, P4, P6, P7, P14 and P15. She is also seeking a direction requiring the respondents to sanction one post of Music Teacher in the School, from 1993-94 onwards and to appoint her in that post, duly approving the same.

(2.) Briefly stated, the facts of the case are that by Ext.P1 order dated 31.07.1992, petitioner was appointed by the 5th respondent Manager to the post of Music Teacher in the School. Thereafter, by Ext.P2, the 4th respondent sanctioned an additional post of Music Teacher in terms of Rule 6(4) of Chapter XXIII KER, taking into account the division strength and the required periods. It is evident from Ext.P2 that during 1991-92 and 1992-93 the number of divisions in Classes VIII & IX were 5 and 6 respectively. According to the petitioner although the position continued as such even during 1993-94, by Ext.P3 staff fixation order, the 3rd respondent abolished one post of Music Teacher "for want of periods". The Manager filed appeal to the Deputy Director and the same was rejected by Ext.P4, with the endorsement "rejected for want of periods". It is stated during 1994-95 in the staff fixation order issued by the 4th respondent though there was increase of one more division with corresponding increase in the periods for music, additional post of Music Teacher was not sanctioned. This compelled the Manager to file an appeal to the 2nd respondent, which also met with rejection as per Ext.P6 issued by the Joint Director, Directorate of Public Instruction. Again the matter was pursued with the 2nd respondent, only to be rejected by Ext.P7.

(3.) The petitioner being the affected teacher was also pursuing the matter and Exts.P9, P10 and P12 are the representations that were made by her to the Government on different occasions. Finally, the representation having been rejected by Ext.P13, she filed Exts.P14 seeking review thereof, which was also rejected by Ext.P15. While so, by Ext.P18, the petitioner was appointed by the 5th respondent as Music Teacher in the converted vacancy of Drawing Teacher, w.e.f. 17.07.2000 and her appointment has been approved by the educational authorities. In the aforesaid circumstances, it is asserting her right to be appointed in the school from 1993-94 that this original petition has been filed seeking the reliefs mentioned above.