AJITHA OOMMEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st petitioner was working as HSST (Chemistry) in R.M.H.S.S. Vadavucode under the 4th respondent Management from 31.10.2000 onwards, which was occurred as per order dated 12.09.2002. The 2nd petitioner was appointed as HSST (Physics) in Aided Catholicate Higher Secondary School, Pathanamthitta, which is also under the 4th respondent Management, for the period from 14.07.2006 to 28.02.2011.

(2.) While so, the 2nd petitioner was appointed against another leave vacancy for the period from 02.09.2011 to 01.09.2016, which was approved as per Ext.P2 order. The 1st petitioner was transferred to Metropolitan H.S.S, Puthencavu, Chengannur as per Ext.P4 order dated 02.07.2012. Similarly the 2nd petitioner was also appointed as HSST (Physics) as per Ext.P5 order dated 28.06.2012 with effect from 02.07.2012 in anticipation of upgradation of the post of HSST (Jr) (Physics). However, the transfer of the 1st petitioner and the appointment of the 2nd petitioner were objected and petitioners were sent back to their original posts in the parent school.

(3.) Subsequently, Ext.P14 order was issued on 19.07.2015 sanctioning the post of HSST in the Metropolitan H.S.S, Puthencavu, Chengannur for the year 2011-12 in Physics as well as Chemistry. Petitioners therefore point out that the transfer of the 1st petitioner as well as the appointment of the 2 nd petitioner and the service rendered by them on the basis of Exts.P4 to P6 orders were regular and they are entitled to get salary for the said period. In the meanwhile, Government had issued Ext.P10 order treating the break in service of the petitioners, i.e., the period from 02.07.2012 to 05.10.2012 during which they worked as HSST, as Leave Without Allowance.