JASEELA P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal impugn the order of the learned Single Judge, who, though set aside Ext.P15, directed fresh consideration, by invocation of powers under Rule 8A of Chapter XIV-A of the Kerala Educational Rules, 1959 [for brevity, 'the KER'].

(2.) The brief facts required for consideration of the appeal are that the 1st petitioner was appointed in a promotion vacancy on 02.06.2004 and the 2nd petitioner in a retirement vacancy on the very same date. Both were appointed as LPSA's. Their appointments were approved on 25.08.2004, as is seen from Exts.P1 & P2 orders produced in the writ petition. While they were so being continued, on 30.05.2005, the Assistant Educational Officer [AEO], without any notice, issued Ext.P3 order to the Headmaster, directing that the salary bill of the petitioners shall not be drawn hereafter. This was based on a Circular issued at Ext.P4 by the Director of Public Instructions [DPI], which directed that the approval of appointments in Schools constituted after 1979 shall not be granted, unless one protected teacher is appointed.

(3.) The School was constituted in 1979 and was also obliged to appoint one protected teacher, which obligation was not complied with, so much is admitted. Though the said fact is admitted, the question arises as to whether the Education Department had taken sufficient steps to ensure that such an appointment of protected teacher was made. We will refer to that a little later.