P L RASMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue arising for consideration in the writ petition is the seniority between the petitioner and the contesting 4th respondent and their eligibility for appointment by transfer to the post of Higher Secondary School Teacher.

(2.) The petitioner contends that she was appointed as HSA (Malayalam) on 28.08.1997 in St.Joseph's High School, Mathilakam, though the approval in respect of the said appointment was granted only from 22.06.1998. The petitioner acquired all the requisite qualifications for appointment as HSST (Malayalam) by April, 1997. The petitioner contends that the 4th respondent, who was also working in the same school, acquired the requisite qualifications for appointment as HSST only by September, 2011. When Plus Two course was started in the school on 13.08.2010, there occurred three vacancies of HSST in the school, with effect from 06.08.2011. The petitioner immediately represented to the Manager on 22.11.2011 to promote the petitioner as HSST (Malayalam) under 25% quota earmarked for "by transfer". The petitioner represented before the Regional Deputy Director of Higher Secondary Education also. The petitioner was, in fact, selected for appointment as per Ext.P4 proceedings of the Selection Committee and the petitioner was appointed as HSST (Malayalam) from 08.12.2011 onwards.

(3.) The petitioner contends that four teachers were selected under the 25% "by transfer" quota and the petitioner ranked third among them. The date of occurrence of vacancy was 06.08.2011. A.P. Laly, P.J. Dominic Savio and the petitioner were qualified for appointment to the post of HSST as on the date of occurrence of vacancy. The petitioner contended that without considering the eligibility aspects, the Regional Deputy Director of Higher Secondary Education rejected the request of the petitioner to approve her appointment, as per Ext.P7. The petitioner thereupon filed Ext.P8 revision petition before the Government. As the revision petition remained unattended, the petitioner filed W.P.(C) No.27474/2012 before this Court. This Court disposed of the writ petition directing the 1 st respondentState of Kerala to pass appropriate orders on the revision, in accordance with law.