Balakrishnan Nair, J

The writ petition was referred to the Division Bench by a learned Single Judge, noticing the apparent conflict between two reported decisions of the Single Benches concerning the rights of an existing claimant under Rule 51A of Chapter XIVA of the Kerala Education Rules (KER) to the vacancies that arose after the amendment to the said Rule introduced on 17/06/2005. The brief facts of the case are the following.

2. The petitioner was appointed as an Upper Primary School Assistant (UPSA) in Mattakkara High School by its Manager on 29/06/2005 as per Ext.P1 order. The said appointment was in a regular vacancy and it was approved by the District Education Officer (DEO) as per order dated 13/01/2006. During the academic year 2006-2007, one post of High School Assistant(Maths) was abolished and a new post of Lower Grade Hindi Teacher was sanctioned. Ext.P2 is the staff fixation order for the year 2006-2007 dated 24/07/2006, which took effect from 15/07/2006. As a result of reduction of one division, one HSA became surplus and the said incumbent was appointed as UPSA. The petitioner being the junior most UPSA, was retrenched. She moved the Manager, claiming