DEEPA R. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are materially connected in respect of declining approval of appointment of petitioner in W.P.(C) No.7344/2013 as per Ext.P6 order and approved by Ext.P9 by the State Government in revision and vis-v-vis entitlement of the 4th respondent in the writ petition for approval in the place of the petitioner, who is the petitioner in W.P.(C) No.27360/2013. W.P.(C) No.32122/2014 is filed by the petitioner in W.P.(C) No.7344/2013 challenging Ext.P11 notice of hearing issued by the State Government dated 9.10.2014, apparently in the revision petition filed by the petitioner in W.P. (C) NO.27360/2013 produced as Ext.P5 in the said writ petition. Therefore, I heard them together and propose to pass this common judgment.

(2.) W.P.(C) No.7344/2013 is filed by the petitioner seeking to quash Ext.P6 order passed by the Additional Director of Public Instructions dated 17.11.2011 and Ext.P9 order passed by the State Government dated 4.2.2013. As per Ext.P6 order, it is found that, the 4th respondent therein i.e., Smt.S.I.Rani was appointed as H.S.A (NS) in SKVHS Nanniyode from 8.6.99. There was reduction of post in the school and her appointment was not approved. She was re-appointed on 26.7.2000 and her appointment was duly approved by the District Educational Officer, Attingal. However, her appointment after 2001 was not approved due to the claim put forth by the petitioner and 4th respondent was thrown out from the school to accommodate the petitioner.

(3.) The initial appointment of the petitioner was made on 14.11.1994 as U.P.S.A and she worked upto 28.3.1995. She was again appointed with effect from 2.7.1999 against the additional post created during the year 1999-2000 and the appointment stood approved as per order dated 19.11.1999 of District Educational Officer, Attingal. Petitioner has secured qualification for the post of H.S.A.(NS) since she has passed B.Sc Degree (Zoology Main) during 1997 April from Kerala University. She has also secured B.Ed Degree in Natural Science from M.G.University during the year 1992. At the time of joining as UPSA on 14.11.1994, she was possessing SSLC and TTC qualification. Thus petitioner became rightful claimant for promotion as H.S.A.(NS) under Rule 48 Chapter XIVA KER. However, the claim was not considered by the previous management and thereupon petitioner filed W.P.(C) No.25843/2003 before this court and as per Ext.P3 judgment dated 2.2.2006, this court directed the District Educational Officer, Attingal to promote and appoint the petitioner as H.S.A.(NS) w.e.f.2.7.2000 and thereupon the District Educational Officer has directed the present Manager to promote and appoint the petitioner as H.S.A.(NS) w.e.f.2.7.2000 against the retirement vacancy of Smt.K.Prabhakumari and the appointment was duly approved by the District Educational Officer, Attingal. As is pointed out above, the 4th respondent was working in the school till 2006 without salary.