SAJNA T.P. Vs. ASSISTANT EDUCATION OFFICER

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P6 order of the Assistant Educational Officer, dated 24.10.2016, whereby the Full Time post of Urdu teacher held by the petitioner was directed to be made Part Time. Brief material facts for the disposal of the writ petition are as follows: Petitioner a qualified Urdu teacher was appointed by the Manager of Desaseva A.U.P School, Kozhikode District, as Lower Grade Urdu Teacher on 01.06.2010. The appointment was duly forwarded by the Manager to the Assistant Educational Officer, Balussery, who rejected the same on 14.01.2011 on the ground that there was a Rule 51A claimant to the post, viz., Smt. Sarala, and therefore, the appointment of the petitioner to the retirement vacancy of one K. Hussain cannot be approved. Anyhow, the matter was taken up before the District Educational Officer, who rejected the appeal on the ground that the appointment was not made by an approved Manager and that the claim of a Rule 51A claimant is overlooked.

(2.) Thereupon, petitioner took up the matter before the Director of Public Instruction, and while the matter was pending so, Smt. Sarala approached this Court by filing W.P.(C) No.23755 of 2011, seeking implementation of the order passed by the educational authorities. However, no orders were passed by the Director of Public Instruction. But, fact remains, when the writ petition filed by Smt. Sarala was taken up for hearing, Smt. Sarala retired from service on attaining the age of superannuation, and therefore, the matter was referred for mediation and accordingly, the issue was settled by and between the parties. In the mediation, Smt. Sarala gave up her claim and on the basis of the same, this Court issued directions to the respondents to approve the appointment of the petitioner from the date of her appointment, i.e., 01.06.2010. Accordingly, the proposal for approval of appointment was re-submitted before the Assistant Educational Officer on 20.05.2016 and the appointment was approved from 01.06.2010.

(3.) Thereupon, petitioner was paid the salary from 2016 May onwards. But the arrears were not paid, though bills were submitted.