SARITHA V Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the petitioner in W.P.(C) No.1339/2009, impugning the judgment of the learned Single Judge dismissing the writ petition.

(2.) The writ petition was filed by the appellant herein challenging Exts.P2 and P7 orders which denied approval for her appointment as an Upper Primary School Assistant (UPSA) in the Govindapuram UP School, of which the 5th respondent is the Manager. We notice from the orders impugned in the writ petition, namely Exts.P2 and P7, that the only reason why the approval of the appellant's appointment has been denied by the educational Authorities is because there was a subsisting claim, under Rule 51A of Chapter XIV A of the Kerala Education Rules (for short, 'the KER') , projected by the 6th respondent - another teacher.

(3.) We notice from the pleadings on record that the 6th respondent makes the claim under Rule 51A of Chapter XIV A of the Kerala Education Rules on the basis that she was appointed to a leave vacancy during the period from 05.06.2002 to 16.08.2002, which was validly approved. The educational Authorities, therefore, took the stand that since the 6th respondent has a subsisting Rule 51A claim to the vacancy that arose on 21.06.2004 and to which the appellant was appointed, such appointment cannot be granted approval in terms of the provisions of the KER.