RAHELAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred by the third respondent in OP 504 of 1996, Third respondent herein who is a Manager of an aided school, filed Original Petition challenging the validity of Ext. P2 order passed by the Deputy Director of Education, Kollam. He contended that the appellant herein was not entitled to get appointment to the post of Headmistress of the school under R.44 and 45 of Chap.14A KER

(2.) The facts in short are as follows: Upper Primary School, Inchivila was formerly an LP School. When it became a U.P. School the then seniormost under-graduate teacher one P.D. Mariamma was promoted as the Headmistress of the School. The said appointment was sent up for approval to the AEO, Kollam. The AEO declined approval on the ground that the appellant herein was having more than one half of the service of the seniormost under-graduate teacher and she being a graduate, was entitled to get appointment to the post of Headmistress of the School. On the date of occurrence of the vacancy of Headmaster, Smt. P.D. Mariamma had 23 years and 4 months of service in the school and the appellant Rahelamma had only 10 years and 2 months service in the same school. Of course, she had 9 years of graduate service in other school as a protected teacher. According to AEO, the total service of the appellant is to be taken inclusive of 9 years graduate service in other school. Against the order of AEO, the Manager went in appeal before the Deputy Director of Education. The Deputy Director concurred with the finding arrived at by the AEO The manager challenged the same in the Original Petition.

(3.) Learned single Judge held that the appellant herein is not entitled to count her entire service as graduate teacher for the purpose of R.45 and only such service that could be counted for seniority under R.37 alone can be considered relevant under R.45 and the Manager was allowed to appoint P.D. Mariamma, the senior most undergraduate teacher in accordance with R.44 and 45 of Chap.14A KER This finding is challenged before us.