STATE OF KERALA Vs. DHANYA R.

JUDGEMENT

(1.) The appeal is filed by the State and its authorities challenging the judgment of the learned Single Judge by which the following directions had been issued:-

(2.) In fact, the issue involved in the case is whether Smt.Dhanya R.'s appointment as UPSA can be approved or not. She was working as UPSA in CBM High School. Her appointment was rejected on the ground that there was no established vacancy. The Manager had made several appointments and ultimately it was noticed that the appointments were against the sanctioned strength which resulted in the Educational Authorities rejecting the approval of appointment of Smt.Dhanya.

(3.) WP(C) No. 17411/13 was filed by Smt.Dhanya. She was appointed as UPSA w.e.f. 1/6/2009 in a promotion vacancy of Smt.Shylaja who was promoted as HSA(Maths). It was an additional vacancy that arose in the academic year 2009-10. The appointment of Smt.Shylaja as HSA (Maths) was not approved on account of the fact that the Manager of the school did not execute a bond as required by GO(P) NO.10/2010/G.Edn dated 12/1/2010. Though the Manager preferred an appeal, the same came to be rejected by Ext.P5 order. The revision was also dismissed as per Ex.P7 order. The Manager appointed Smt.Anitha Kumari on 1/06/2009. It was not an established vacancy and the said appointment was not approved. Smt.T.R.Resmi was appointed as UPSA in a leave without allowance vacancy of Smt.R.Resmi for the period from 3/6/2009 to 2/6/2014. The same was approved by the Government as per order dated 14/6/2013. A regular vacancy arose consequent to the retirement of Headmistress of the school w.e.f. 1/6/2010 in the cadre of HSA (Social Studies). The said post remained vacant. From 01/04/2010 to 10/6/2012, Smt.T.G.Bindu HSA (Social Studies) went on leave without allowance. The Manager promoted Smt.Renjini who was working as UPSA to the said vacancy. In the vacancy of Smt.Renjini, Smt.Anitha Kumari was appointed. The said appointment was also not approved. Revision filed against the said order was pending.