P.VEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) These three appeals came to be filed against a common judgment in W.P.(C).Nos.5876/2009, 39275/2015 and 19244/2017. The appellant is the petitioner in W.P.(C).Nos. 5876/2009 and 19244/2017 and the 9th respondent in W.P.(C).No.39275/2015.

(2.) Appellant was appointed as LPSA in a regular post on 18.11.2004. Her appointment was terminated on 31.3.2005. Two contentions were urged by her. One is that, by a staff fixation order dated 15.7.2005 there was a reduction in the post compared to the previous year and therefore she was entitled to be paid salary until 15.7.2005. Yet another claim was that she was entitled to the benefit of Rule 51A of Chapter XIV A KER.

(3.) The learned Single Judge rejected the aforesaid claims. The learned counsel for the appellant would submit that Rule 51A of Chapter XIV A of KER has to be made applicable in the case of the appellant in so far as she was not relieved either under Rule 49 or Rule 52, whereas she was relieved from service on account of termination of vacancy, in which event the one year period specified under the proviso has no application. The learned Single Judge placed reliance upon the judgment of the Apex court in Manager, VKNM Vocational Higher Secondary School v. State of Kerala & Others (2016) 4 SCC 216) and rejected the claim of the petitioner under Rule 51A. Other claims were dismissed.