DEVAKIKUTTY AMMA Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) THE decision of these origional petitions depends upon the interpretation of rule 43B of Chapter XIVA of the Kerala Education Rules,1959.These original petitions which question the same orders are heard together.In O.P.No.1427 of 1974 the aggrieved teacher is the petitioner while in O.P.No.2630 of 1974 the petitioner is the Manager of Rajendra High School in which the petitioner in the former original petition is a Hindi teacher.Counter -affidavits are filed in O.P.No.1427 of 1974 and in this judgment parties and exhibits are referred to as they are in O.P.No.1427 of 1974.
(2.) THE petitioner is now working as a full -time High School Assistant(Hindi ).She was fully qualified for the post of H.S.A.( Hindi)on the date of commencement of her services in the above High School of which the 4th respondent is the Manager.She was first appointed as a full -time H.S.A.from 15th July 1963 to 25th March 1964 in a training vacancy.Thereafter,when a part -time post of H.S.A.( Hindi)came into existence,the petitioner was appointed in that post from 1st June 1964 onwards.In the year 1965 -66 originally a full -time post of H.S.A.( Hindi)was there and then the petitioner was appointed as full -time H.S.A.Subsequently,the post was reduced into a part -time one and thereupon the petitioner continued as a part -time H.S.A.( Hindi)till 10th August 1972.The 5 th respondent worked as a lower grade part -time Hindi teacher from 3rd July 1959 and became a lower grade full -time Hindi teacher from 23rd June 1960.
In the year 1972 -73 the 2nd respondent -Regional Deputy Director of Public Instruction,Trivandrum by Ext.P -6 order dated 8th August 1972 converted the part -time post of H.S.A.( Hindi)in which the petitioner was working,into a full -time post of H.S.A.( Hindi ).The 4th respondent -Manager appointed the petitioner in that newly created post of H.S.A.( Hindi ).The 5th respondent who is a full -time lower grade Hindi teacher of the school complained to the 3rd respondent District Educational Officer against the above appointment of the petitioner.The 3rd respondent by Ext.P -6 order dated 24th November 1972 held that the petitioner is entitled to be posted in the newly created post of H.S.A.( Hindi ).From that order the 5th respondent preferred an appeal to the 2nd respondent who by Ext.P -8 order dated 14th July 1973 allowed that appeal.From Ext.P -8 order,both the petitioner and the 4th respondent preferred revision petitions before the 1st respondent -State.Ext.P -9 in the case is the revision petition filed by the petitioner.Though in Ext.P -9 the petitioner has stated in detail her grounds against Ext.P -8 order,the 1st respondent by Ext.P -10 order dated 26th February 1974 rejected the revision.It is against Ext.P -10 order that the petitioner has approached this court by this Original Petition.
(3.) IN O.P.No.2630 of 1974,Ext.P 10 is Ext.P -8 and the order of the 2nd respondent produced in this case as Ext.P -8 is Ext.P -7.;
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