Service rendered as a protected teacher in a different school cannot be counted for the purpose of seniority under R.45 of Chap. XIV-A K.E.R.

K.G. Balakrishnan, J.

This is an appeal preferred by the third respondent in O.P. 504 of 1996. Third respondent herein who is a Manager of an aided school, filed Original Petition challenging the validity of Ext. P2 order passed by the Deputy Director of Education, Kollam. He contended that the appellant herein was not entitled to get appointment to the post of Headmistress of the school under Rr. 44 and 45 of Chap. XIV-A K.E.R.

2. The facts in short are as follows: Upper Primary School, Inchivila was formerly an L.P. School. When it became a U.P. School the then senior-most under-graduate teacher one P.D. Mariamma was promoted as the Headmistress of the School. The said appointment was sent up for approval to the A.E.O., Kollam. The A.E.O. declined approval on the ground that the appellant herein was having more than one half of the service of the senior-most under-graduate teacher and she being a graduate, was entitled to get appointment to the post of Headmistress of the School. On the date of occurrence of the vacancy of Headmaster, Smt. P.D. Mariamma had 23 years and 4 months of service in the school and the appellant Rahelamma had only 10 years and 2 months service in the same school. Of course, she had 9 years of graduate service in other school as a protected teacher. According to A.E.O., the total service of the appellant is to be taken inclusive of 9 years graduate service in other school. Against the order of A.E.O., the Manager went in appeal before the Deputy Director of Education. The Deputy Director concurred with the finding arrived at by the A.E.O. The manager challenged the same in the Original Petition.

3. Learned single judge held that the appellant herein is not entitled to count her entire service as graduate teacher for the purpose of R.45 and only such service that could be counted for seniority under R.37 alone can be considered relevant under R.45 and the Manager was allowed to appoint P.D. Mariamma, the senior most undergraduate teacher in accordance with R.44 and 45 of Chapter XIV-A K.E.R. This finding is challenged before us.

4. We heard appellant's counsel and counsel for the respondents. Appellant is a Graduate with B.Ed, degree. She joined in Inchivila U.P. School as a teacher on 17.7.1975. In the year 1979, the appellant was found to be an excess hand and she was retrenched and deployed to work in a Government school as protected teacher. From 13.2.79 till 8.9.88 the appellant worked as a protected teacher in the Government School. Thereafter, she joined the Inchivila U.P. School and the post of Headmistress fell vacant on 27.9.1995 when the regular Headmaster went on long leave. The Manager appointed P.D. Mariamma, the senior most under-graduate teacher having 23 years and 4 months service as Headmistress. The appellant herein contended that as per R.45 of Chapter XIV-A K.E.R. a graduate teacher with B Ed. qualification shall be given preference in appointment as Headmaster and she had service equal to half of the period of the service of the senior most under-graduate teacher. The appointment of P.D. Mariamma as Headmistress was not approved either by the A.E.O. or the Deputy Director, The appellant herein has admittedly got only 10 years and 2 months service in Inchivila U.P. School which does not amount to half of the period of service of the senior most under-graduate teacher. The appellant would be entitled to get preference only if service rendered by her in the Government School on deployment as a protected teacher is also counted as service for the purpose of R.45 of Chapter XTVA K.E.R.

5. The appellant was retrenched from service for want of vacancy in the Inchivila U.P. School. The teachers who are retrenched from service are given protection by the Government by giving employment to them in Government School. It is not on the basis of any provisions contained in the Education Act or Rules but it is by way of a separate scheme initiated by the Government. The teachers who are