Thottathil B. Radhakrishnan, J.

This appeal by the State against a judgment of the learned single Judge comes up with an application seeking condonation of 760 days in its institution.

2. Having perused the affidavit filed in support of the application seeking condonation of delay, we do not find that there is any sufficient cause to condone the delay.

3. Yet, we looked into the merits of the appeal as well.

4. On the basis of accrued rights in terms of Chapter XIV A Rule 51A of the Kerala Education Rules, the first respondent herein was appointed against a retirement vacancy of L.P.S.A that arose on 31/03/2007. That appointment was not approved though that was made on the basis of the first respondent's statutory right, in terms of the aforesaid rule, on the basis of the prior services that she had rendered with the approval of the competent authority. Department took the stand that in the light of Ext.P9 Government Order and Ext.P10 Circular, protected teachers had to be appointed in preference to others, including claimants under Chapter XIV A Rule 51A of the Kerala Education Rules. Learned single Judge repelled that plea holding that the Circular will not override the statu