K.S. Radhakrishnan, J.

Question that has come up for consideration in these cases is whether management of a school could deny future promotion to a teacher under R.43 of Chapter XIV-A of the Kerala Education Rules, relying on a relinquishment letter given by the teacher at the time of his/her appointment.

2. Third respondent in O.P.No. 15040 of 1998 was appointed as U.P.S.A. on 25.1.1995. She worked upto 31.3.1995. Her appointment was also approved by the second respondent. When third respondent was appointed, manager obtained a statement of relinquishment signed by the third respondent witnessed by two teachers and attested by the manager. Relinquishment letter was countersigned by the second respondent, District Educational Officer. A true contract of the relinquishment letter is as follows:

"In exercise of the right conferred under R.38 of the Kerala State and Subordinate Services Rules, 1958,1, S. Gangakumari, U.P.S.A., Mahatma HS. for bpys. chennithal a, (H.E. name and designation) hereby relinquish permanently my right for promotion as H.S. A. (under R.43 Chapter XIV A of the KER) which may arise in Mahatma High School in Chennithala.

I do also hereby declare that no