T N SANDHYA Vs. JALAJA KUMARI

JUDGEMENT

(1.) THE Judgment of the Court was delivered by -These writ appeals arise from the judgment of the learned Single Judge in W. P. (C) No. 26810 of 2007. They were therefore heard together and are being disposed of by this judgment. The appellant in W. A. No. 455 of 2008 is the fifth respondent and the appellant in W. A. No. 461 of 2008 is the first respondent in the Writ Petition. The first respondent in both the appeals is the writ petitioner. For the sake of convenience, the parties are referred to as they are arrayed in the writ petition. The main question that arises in these Writ Appeals is as regards the effect of the amendments introduced in Rules 43 and 51a of Chapter XIV A of the Kerala education Rules, 1959, hereinafter referred to as the "k. E. R. " for short on the rights of a teacher thrown out of service vis-a-vis, a teacher in service awaiting promotion to the higher post. The brief facts are as follows:

(2.) THE writ petitioner possesses B. Sc. degree in Chemistry, M. A. degree in Malayalam and B. Ed, degree in Physical Science. The fifth respondent possesses B. A. degree in Malayalam and B. Ed, degree in Malayalam. The writ petitioner was initially appointed as U. P. S. A. by the first respondent/manager as per Ext. P-1 appointment order dated 23-7-1991 in a short term leave vacancy from 23-7-1991 to 11-10-1991. The said appointment was duly approved. The writ petitioner was relieved from service on 11-10-1991. Thereafter, a leave vacancy of H. S. A. (Malayalam) arose in the first respondent's school during the period from 11-1-1993 to 31-3-1993. In the said vacancy, the writ petitioner was appointed as H. S. A. as per Ext. P-2 appointment order dated 11-1-1993. The said appointment was also duly approved. On the cessation of the said leave vacancy, the writ petitioner was relieved from service. Thereafter, the writ petitioner was regularly appointed as U. P. S. A. with effect from 20-7-1993. While the writ petitioner was thus working as U. P. S. A. , a leave vacancy of H. S. A. (Malayalam)arose during the period from 9-1-1995 to 31-3-1995. By Ext. P-3 appointment order dated 9-1-1995 the writ petitioner was appointed in that vacancy and the said appointment was also approved. On the cessation of the said leave vacancy, the writ petitioner was reverted back as U. P. S. A. While the writ petitioner was thus working as U. P. S. A. , a vacancy of H. S. A. (Physical Science) arose in the first respondent's school in June, 2001. The writ petitioner was promoted and appointed in that vacancy. The writ petitioner worked as H. S. A. (Physical Science)from June, 2001 till 15-7-2004. On account of reduction in the staff strength in the high School for the academic year 2004-2005, the writ petitioner was reverted back as U. P. S. A.

(3.) THE fifth respondent was initially appointed as U. P. S. A. in the first respondent's school in a leave vacancy during the period from 14-9-1998 to 11-12-1998. The said appointment was approved. Later, the fifth respondent was reappointed as U. P. S. A. in another leave vacancy during the period from 14-12-1998 to 9-3-1999 and the said appointment was also approved. She was regularly appointed as U. P. S. A. in the first respondent's school with effect from 30-7-1999. During the academic year 2004-2005, due to reduction in the staff strength, the fifth respondent was retrenched from service. Thereafter, the fifth respondent was appointed as H. S. A. (Malayalam) in a leave vacancy for the period from 5-6-2006 to 28-2-2007. On the cessation of the said vacancy, she was retrenched from service.