Balakrishnan Nair, J.

Before referring to the reasons why the Writ Appeal was referred to the Full bench, we will refer briefly to the facts necessary for the disposal of the case. The appellant was appointed as H.S.A. (Social Studies) in the sixth respondent's school on 5.6.2000. The said appointment was approved by the competent authority. The fourth respondent was appointed as U.P.S.A. in the Upper Primary wing of the said school on 6.6.2001. The said appointment was approved with effect from the said date. The said respondent was qualified for appointment as H.S.A. (Mathematics) and also H.S.A.(English), provided a vacancy in the latter post arose before 19.7.2005. B.Ed. in English became an obligatory qualification for appointment as H.S.A. (English) only from the said date (as per Ext.P4 Government Order) and the fourth respondent was having B.Ed. in Mathematics only.

2. The Government issued Ext.P2 order dated 7.1.2002, creating a new cadre of H.S.A. (English), by re-allocating the periods of English allocated to H.S.As. In Core Subjects. It was also ordered therein that the existing teachers shall not be retrenched for creation of the post of H.S.A.(English). The