S. REMYA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner who is a Rule 51-A claimant under Chapter XIV-A of the Kerala Education Rules (KER), seeking to quash Ext.P22 order passed by the State Government dated 25.11.2014, whereby the appeal filed by the Manager of S.V. High School, Pandanad, Alappuzha District, seeking grant of vacation salary to the petitioner for the period from 01.04.2010 to 31.05.2010 as U.P.S.A was rejected, and for other related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) According to the petitioner, petitioner is a Rule 51-A claimant under Chapter XIV-A KER, and therefore, she is entitled to approve her appointment on scale of pay basis as per the provisions of G.O. (P)No.31/2006/G.Edn. dated 19.01.2006, whereby the Government categorically ordered that approval can be granted to re-appointments of Rule 51-A claimants, if the re-appointment is to a vacancy having duration of more than 2 months. According to the petitioner, during 2010-11, there were no reduction of posts of U.P.S.As in the school and during 2011-12, 2012-13 and 2013-14, there were no staff fixation for 2010-11 was made applicable for 2011-12, 2012-13 and 2013-14. Case of the petitioner is that, there was established vacancy to accommodate the petitioner during the years 2011-12, 2012-13 and 2013-14.

(3.) Being aggrieved, the Manager of the school filed Revision Petition before the Government to approve the appointment of the petitioner from 01.04.2010 to 31.05.2010, in continuation of the approved appointments from 01.06.2009 to 31.03.2010 and also from 01.06.2010 to 02.09.2010, 22.09.2010 to 25.11.2010, 26.11.2010 to 31.01.2011, 04.10.2011 to 31.03.2012, 04.06.2012 to 31.08.2012, 03.09.2012 to 06.11.2012, 07.11.2012 to 27.03.2013 and from 03.06.2013 onwards.