SUMADEVI G. Vs. DIRECTOR PUBLIC INSTRUCTION,

JUDGEMENT

(1.) This writ petition is filed by the petitioner, an Upper Primary School Assistant (U.P.S.A) in SV High School, Pullad, seeking to quash Ext.P27 order passed by the State Government in a revision filed under Rule 92 of Chapter-XIV-A of Kerala Education Rules (K.E.R), declining the claim raised to appoint the petitioner in the post of Upper Primary School Assistant (U.P.S.A)/High School Assistant (H.S.A), on the basis of Rule 51A claim under Chapter-XIV-A K.E.R, and other related orders passed by the educational authorities. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner had entered aided school service in SV High School, Pullad, belonging to the 4th respondent, which is an individual educational agency, in a short term vacancy as High School Assistant (H.S.A)(SS) during the period from 17.06.1996 to 26.03.1997. The said appointment of the petitioner was approved by the District Educational Officer, Thiruvalla, 3rd respondent herein, and she was disbursed with salary and allowances, evident from Ext.P1 appointment order. Thereafter, petitioner was again appointed as H.S.A (SS) during the period from 02.06.1997 to 30.03.1998, which was also approved by the 3rd respondent, evident from Ext.P2 order of appointment.

(3.) Later, petitioner was appointed as H.S.A (SS) during the period from 01.06.1998 to 30.03.1999 and from 01.06.1999 to 31.05.2002 by the Manager of the school, which was also approved by respondent No.3 and disbursed with salary and allowances, evident from Exts.P3 and P4. She was appointed again from 31.03.2002 to 30.05.2004 in continuation of her previous appointment by respondent No.4, evident from Ext.P5 order dated 31.03.2002. Case of the petitioner is that, thereafter, a regular vacancy had arisen in the school of the 4th respondent and petitioner was appointed in the said regular vacancy with effect from 02.06.2004 onwards. It was approved by the District Educational Officer, Thiruvalla. While so, there occurred a division fall during the academic year 2005- 06 and the petitioner was retrenched from service from the post of H.S.A (SS) by respondent No.4 with effect from 15.07.2005. In view of the approved appointments of the petitioner as H.S.A (SS), she was entitled to be conferred with the preferential treatment under Rule 51A, Chapter-XIV-A K.E.R in respect of future vacancies for which she was qualified.