BINDU K C Vs. JUBY THOMAS

JUDGEMENT

(1.) The first respondent in the Writ Petition is the appellant. The respondents herein are respectively the petitioner and respondents 2 and 3.

(2.) The brief facts of the case are the following. St. Mary Magdalene's Girls High School is an Aided School, managed by a Trust, formed by Knanite Christians, for the benefit of the female members of that community. There were some disputes in the Trust and a Scheme Suit is pending before the Sub Court, Kottayam as OS No. 119 of 1998. The Receiver, appointed by the Sub Court, is functioning as the Manager of the said School.

(3.) A leave vacancy of High School Assistant (HSA) Malayalam, arose in the School from 21/11/2005 to 29/03/2006, as a result of availing of leave by Smt. Chachiamma, HSA Malayalam. The appellant was appointed in that vacancy on 21/11/2005 and she continued in service upto 29/03/2006. Smt. Chachiamma reported for duty after the leave and retired from service on 31/03/2006. As a result, a regular vacancy of HSA Malayalam arose in the School with effect from the next academic year. The Receiver invited applications for appointment to the said post. The appellant and three others applied. The Receiver held an interview and submitted Annexure A1 report before the Sub Court. The Sub Court directed the Receiver to appoint Smt. Juby Thomas, the first respondent herein, who was shown as Sl. No. 1 in Annexure A1, to the above vacancy of HSA Malayalam.