1. The short point that arises for consideration in this appeal is whether the State is liable to pay salary to a teacher whose preferential right for appointment under R.51A of Chap.14-A of the Kerala Education Rules is denied by the Manager of the aided school by appointing someone else in that vacancy and the said teacher drawing his salary from the Government.

2. We shall now briefly state the necessary facts. The first respondent was appointed by the 5th respondent. Manager. J.P.E. High School. Trichur which receives aid from the Government under the Kerala Education Act. 1958 (hereinafter referred to as the 'Act') and the Rules made thereunder. as High School Assistant. For want of vacancy. the services of the first respondent stood terminated with effect from 15-7-1969. An additional post of High School Assistant was sanctioned for the said school with effect from 15-7-1977. The first respondent. by virtue of R.51A of Chap.14-A of the Rules had a preferential right for appointment to the newly sanctioned post. Bat the 5th respondent appointed Sent. U.K. Thankamma in the said vacancy of High School Assistant ignoring the preferential right of the first respondent.