All these four writ petitions hinges on the question as to whether Smt. K.R. Beegum, the petitioner in W.P.(C).No.21229/07 is entitled to preferential appointment under Rule 51A of Chapter XIVA of the Kerala Education Rules, in a vacancy which arose on 15.7.2005 in recognition of her earlier approved service for 112 days between 28.6.2000 to 17.10.2000, in a maternity leave vacancy in the post of HSA (Arabic). The question arises on account of the introduction of the first proviso to Rule 51A by amending Rule 51A, by G.O.(P).No.121/05/G.Edn. dated 16.4.2005 published in the Gazette dated 27.4.2005, by which for claiming preferential right of appointment under Rule 51A a minimum continuous service of one academic year as on the date of relief pursuant to the prior service was made compulsory.

2. The brief facts necessary for disposal of these writ petitions may be stated as under.

3. Smt. K.R. Beegum was initially appointed as HSA (Arabic) in the M.S.P. H.S.S., Malappuram for the period from 28.6.2000 to 17.10.2000 against a maternity leave vacancy. Although initially the appointment was not approved, the Director of Public Instructions as per order dated 14.1.2002 directed the D.E.O., Malappuram to approve the appointment of Smt. Beegum on condition that Smt. C.P. Saleena, the petitioner in W.P.(C).No.15291/07, a Rule 43 claimant working in the U.P. Section of the school, be given promotion as HSA in the next arising vacancy. Accordingly, the appointment of the petitioner was approved by the D.E.O., Malappuram as per order dated 17.4.2002. As a result, Smt. K.R. Beegum became eligible for preferential appointment under Rule 51A of Chapter XIVA of the Kerala Service Rules in subsequent vacancies, as per the rules obtaining at that time.

4. Later, a vacancy of HSA (Arabic) arose in the school on 15.7.2005. Smt. Beegum staked claim for appointment to the said post in recognition of her claim for preferential appointment under Rule 51A. In the meantime, Rule 51A had been amended by Government Order published in the Gazette dated 27.4.2005. By another amendment to Rule 43 by G.O.(P).No.187/05/G.Edn. dated 17.6.2005 published in the Gazette dated 25.6.2005, claim under Rule 43 was made subject to Rule 51A. The Manager of the school, who is the petitioner in W.P.(C).No.19236/07, promoted Smt. C.P. Saleena to the vacancy which arose on 15.7.2005. This was challenged by Smt. Beegum. Against the act of the Manager in promoting Smt. C.P. Saleena, Smt. Beegum filed W.P.(C).No.9792/06 before this Court and by judgment dated 31.3.2006, this Court directed the Manager to consider and pass orders on the petition filed by her. Pursuant thereto, the Manager passed Ext.P3 order rejecting the claim of Smt. Beegum. Smt. Beegum again filed W.P.(C).No.22647/06 before this Court. At that time the matter was also pending before the Government in revision. This Court by Ext.P4 judgment directed the Government to consider and dispose of the revision petition after hearing all parties. Pursuant thereto, Ext.P6 order was passed by the Government upholding the claim of Smt. Beegum for preferential appointment in the vacancy in recognition of her claim under Rule 51A. Accordingly, the Manager was directed to appoint Smt. Beegum in the post of HSA (Arabic), which arose in the school on 15.7.2005. In W.P.(C).Nos.19236/07 and 15291/07 the Manager of the school and Smt. C.P. Saleena are challenging the order of the Government. In W.P.(C).No.21229/07 Smt. Beegum seeks a direction to the Manager to appoint the petitioner in the existing vacancy of UPSA in the school for which Ext.P4 advertisement was issued by the Manager for selection and appointment. In the same, she also sought a direction to the 3rd respondent not to make further appointments of any teaching staff in the school until the petitioner is appointed in any of the categories for which the petitioner has a right of appointment in recognition of her right under Rule 51A.

5. W.P.(C).No.18738/0