LIMA Vs. STATE OF KERALA

JUDGEMENT

(1.) A seemingly ubiquitous issue, relating to the claim of two teachers for appointment to the post of High School Assistant under the provisions of the Kerala Education Act and Rules ('KER' for short), throws up certain untested and virgin considerations of law in this writ petition.

(2.) Before I go to the narration of facts of this case, I record that the essential question for consideration in law is as to whether the right of a teacher under Rule 51 A of Chapter XIV A KER would continue to inure to his or her benefit even after he has been appointed to a substantive vacancy subsequent to his obtaining such a claim.

(3.) The assertion of the petitioner is that such claim do not get extinguished even if the teacher is appointed to a lower category and that the 51 A claim would continue till such time as the teacher is appointed to the same category from which he or she was relieved for want of vacancy. The issue raised assumes multifarious proportions because there are some amendments which are relevant to the said Rule and it would have, in its application different connotations depending upon the facts of each case.