- (1.) Civil Appeal No. 3358 of 2012 arising out of SLP (C) No. 7406 of 2009 Leave granted. This appeal is directed against the order passed by Division Bench of the High Court of Kerala in N.K. Abdulrahiman v. State of Kerala, 2009 2 KerLT 105 dated 13-2-2009. By the impugned judgment, the High Court has directed the Manager, Kerala School for the Blind to appoint the contesting respondent herein as a cook in the preferential vacancy that had arisen after the contesting respondent was appointed sometime in the month of July 2003.
(2.) Rule 51-A and the proviso appended thereto was pressed into service by the appellant to contend that since the contesting respondent has not completed one year of service as a cook with the appellant, he is not entitled to any preferential appointment.
(3.) Per contra, it was the stand of the contesting respondent that as on the date when he was appointed, the Rule envisaged that to claim a right for a preferential appointment, person appointed should have completed only two months of service and not one year of service as envisaged under the amended Rule, and as introduced by proviso 2 to Rule 51-A of the Kerala Education Rules.;