BHAVANA M P Vs. STATE OF KERALA

JUDGEMENT

(1.) All these writ petitions relied to the appointment to the post of H.S.S.T (Junior) in English in the Moothedeth Higher Secondary School. W.P.C No. 30573/16 is filed for implementation of the Government order in which the appointment of H.S.S.T (Junior) was directed to be made in accordance with the Special Rules in accordance with the ratio 1:4 on the cadre strength. According to which, the appointment to the post of H.S.S.T (Junior) is to be appointed by transfer. While Smt Devika, who is the senior most qualified H.S.A in the School claims appointment against the vacancy in the School on account of creation of the post in the year 2011-12. Smt.Bhavana, who is the petitioner in W.P.C No.31412/16 has filed the writ petition to sustain her appointment made by the Manager with effect from 13.6.2013. The Manager has also filed W.P.C No. 31248/16 challenging the Government Order and denial of approval to the appointment granted to Smt. Bhavana. The Government sanctioned 10 posts of H.S.S.T (Junior) and one post of H.S.S.T in the year 2010-11 to the School. It is note in dispute that the appointment to the said post were made in accordance with law. According to the Manager appoints of 7 posts were made by direct recruitment and 3 by transfer.

(2.) In the year 2011-12, the Government sanctioned two additional posts of H.S.S.T (junior) while upgrading 6 posts of H.S.S.T (junior) as H.S.S.T. As a result of these upgradation and sanctioned the total number of post become 10+2-6 i.e., 6. But, the Manager appointed Smt. Bhavana on 13.6.2013. That appointment was not approved by the Regional Deputy Director of Education. However, the Regional Deputy Director took a different view that there were altogether 13 posts of H.S.S.T in this School and the 12th and 13th posts sanctioned by the Government on 23.02.2013 should not have been divided by the Manager as English and Commerce. The Manager as well as the teacher took up the matter before the Director. The Director also took up the very same view and first post should have been filled up by transfer category and remain 75%, i.e., 3 posts should be filled up by direct recruitment and out of the 13 posts, 4 should be filled by transfer category. The petitioner took up the matter before the Government and Government pass orders as per Ext.P7, in which also Government considered all the posts that is of H.S.S.T (junior) as well as H.S.S.T together and ordered that 4 posts should have been filled up by transfer category and hence the rejection of approval to the appointment of Smt. Bhavana was upheld. Smt. Bhavana filed W.P.C No.5380/15 challenging Ext.P7 order. By Ext.P5 judgment, this Court held that cadre strength of H.S.S.T (junior) and H.S.S.T cannot be clubbed together and all the authorities have issued orders on erroneous application of the rules. Therefore, after quashing Ext.P7 order, the Government was directed to pass a fresh orders. Thereafter, the Government issued Ext.P10 order from 31.08.2016, in which in paragraph 4 Government stated as follows:

(3.) Finally it was directed that the Government found that appointments were made without maintaining the ratio in accordance with Special Rules. It was also found that Smt. Devika was eligible for appointment by the transfer category and the Manager shall filling up the vacancy by appointing Smt Bhavana was not in order. In this order, which is under challenge in W.P.C. Nos. 31212/16 and 31848/16, while Smt. Devika seeks implementation of the same.