VEEPATHU Vs. A E O

JUDGEMENT

(1.) The petitioner was first appointed as an Upper Primary School Assistant in the school of the third respondent with effect from 15.7.86. The above appointment was approved by the first respondent. In the staff fixation of the school for 1992-93, there was a reduction of one post for want of strength in Standard II. The petitioner was the junior most teacher in the school. She was also not entitled for protection since she did not have continuous service for 7 years. Therefore, her services were terminated by the first respondent by order dated 4.7.1992. The petitioner challenged the above order by filing O.P. No. 8958/92 which was dismissed on 14.7.92. The petitioner took up the matter in appeal by filing W.A. No. 715/92. The Division Bench of this Court in CMP No. 5692/92 in W.A. No. 715/92 granted interim stay of termination of the services of the petitioner on 31.7.92. Later this Court by order dated 31.5.95vacatedthestay. Thus the services of the petitioner were terminated on 29.6.95.

(2.) By Ext. P3 communication the second respondent informed the third respondent that the petitioner did not have 7 years of service and therefore, she was not eligible for protection as per Ext. PI Government Order. This Original Petition has been filed to quash Ext. P3. The petitioner has also prayed for a declaration that she has more than 7 years service as on 15.7.95 and therefore, she is entitled to the protection under Ext. P1 Government Order. Thus the short question to be decided in this Original Petition is whether the period from 31.7.92, the date on which the Division Bench of this Court granted interim stay and 31.5.1995, the date on which this Court vacated the stay can be counted as service for the purpose of calculating the 7 years service needed for promotion under Ext. P1 order.

(3.) Sri. Abdul Aziz, the learned senior counsel argued that when Ext. P1 refers to only service simpliciter without any qualification, the service rendered by the petitioner under the orders of interim stay passed by this Court must also be counted as service. The learned senior counsel is also armed with a number of decisions including decisions of a Full Bench of this Court.