The main legal point established in the judgment is that the transformation of a part-time teacher into a full-time teacher constitutes a promotion under R.43 Chapter XIVA of the Rules, and statutory rules prevail over government orders.

1. The petitioner in this original petition who was a part-time Language Teacher (Hindi) claims the post of full-time language Teacher (Hindi) created by converting the part-time post into full time. The question that arises for consideration is whether the full-time post created can be filled up by promoting the petitioner under R.43 Chapter XIVA of the Kerala Education R.1959, for short the Rules, or will it go to the 5th respondent who is a qualified thrown-out full time language Teacher (Hindi) given protection as per G O.M S.104/69/Edn dated 6-3-1969. The further question that arises for consideration is whether the transformation of a part-time teacher into a full-time teacher involves a promotion

2. The petitioner was appointed as a part-time Language Teacher (Hindi) in the Sivagiri High School in the year 1964. In the year 1972-73 the part-time post in which the petitioner was working was converted into full-time by the staff fixation order issued by the 2nd respondent-District Educational Officer. Thereupon, the 1st respondent-Manager promoted the petitioner as full-time Language Teacher (Hindi) and appointed her in the full-time post created. But the 2nd respondent by Ext. P1 order dated 10-10-1972 declined approval to the petitioner's appointment on the ground that the 5th respondent was the rightful claimant to the post. The 5th respondent was a full-time Language Teacher (Hindi; in the A. V. High School, Kuruchi who was retrenched in the year 1966-67. Later, she was given protection as per G.O. MS. 104/69/ Edn. dated 6-3-1969 and posted in a Govt. School. In the year 1968 the management of the A. V. High School was taken over by the Corporate Educational Agency namely, Sree Narayana Dharma Sangham Trust School, Sivagiri Mutt. Against Ext. P1 the petitioner filed Ext. P3 appeal before the 3rd respondent-Regional Deputy Director of Public Instruction. The 1st respondent also filed Ext P4 appeal against Ext. P1 order. The 2nd respondent dismissed Ext. P4 appeal by Ext. P5 order. Against Ext P5 order of the 2nd respondent the petitioner filed Ext. P6 'appeal' to the Minister for Education. This was rejected by Ext. P7 order of the 4th respondent-State. In this original petition the petitioner challenges Exts. P1, P5, and P7 orders. A counter-affidavit has been filed on behalf of the 4th respondent.

3. Sri N. N. Divakaran Pillai, learned counsel for the petitioner, contends that under R.43 Chapter XIVA of the Rules, the petitioner, who was part-time Language Teacher (Hindi), was the person to be promoted and appointed in the full-time post which was created by the conversion of the part-time post by the staff fixation order for the year 1972-73. According to the learned counsel, the 5th respondent, who was only a qualified thrown-out full-time Language Teacher (Hindi) given protection as per G. O. MS. 104/69/Edn. dated 6-3-1969, can claim the full-time post only under R.51A Chapter XIVA of the Rules. Learned counsel refers to Mary v Regional Deputy Director of Public Instruction (I.L.R. (1974) 2 Kerala 274) and contends that the petitioner's right for promotion under R.43 Chapter XIVA of the rules is not subject to the claims of any other teacher under R.51A of Chapter XIVA of the Rules. Learned counsel then contends that as the Act and the Rules do not define the words 'promotion', 'grade' and 'catagory', the dictionary meaning of these words are to be taken. In support of this contention, learned counsel refers to page 43 of Maxwell on the Interpretation of Statutes (12th Edition) wherein discussing the 'golden rule' of interpretation it is said:

"These called 'golden rule' is really a modification of the literal rule. It was stated in this way by Parke B: "It is a very Useful rule, in the construction of the statute, to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the legislature, to be collected from the statute itse