MANJU VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioners are the appellants. They are High School Assistants working under the respondents. All of them are probationers. They claim appointment by transfer to the post of HSST. Ext.P16 is the notification issued by the 2nd respondent, calling volunteers from High School Assistants for appointment to the post of HSST. The said notification stipulates that only approved probationers are eligible to apply for appointment by transfer. Aggrieved by the said condition, the writ petition was filed. The learned Single Judge dismissed the writ petition, relying on a reported decision of this Court in Shamna v. State of Kerala . The said decision was affirmed by the Division Bench of this Court in W.A. No. 1000/2006.

(2.) The learned Counsel for the appellants submitted that the said decision was concerning appointment by transfer from the post of HSST (Junior) to the post of HSST. In this case, the appointment is from the High School Assistants and therefore, the said decision can have no application, it is contended.

(3.) The definition of a member of a service is contained in Rule 2(9) of Part I of the Kerala State and Subordinate Services Rules, 1958, which reads as follows: