P.R. Ramachandra Menon, J.

Whether the amendment to Rule 51A Chapter XIV A KER, brought into force w.e.f. 2005 onwards, enabling the Rule 51A claimant to have no necessity to establish 'identity with the post held' and to get appointed in any future vacancies in the "same, higher or lower category of teaching posts" contemplates only the 'vertical movement' (as to the widening of the zone) or it contemplates 'lateral expansion' as well, is the point to be considered and decided.

2. The petitioner herein, who is a graduate in Sanskrit, having B.Ed in Sanskrit as well, came to be appointed as a junior Sanskrit Teacher (Part-Time) in the 4th respondent's school, against a retirement vacancy of one Mr. P.C. Ramachandran which arose on 31.03.2008. By virtue of the relevant rules, the vacancy arising on the closing date of the academic year, or during the vacation, can be filled up only on or after the commencement of the next academic year and it was accordingly, that the petitioner came to be appointed in the vacancy, as per Ext. P1 appointment order dated 02.06.2008.

3. In the meanwhile, the 5th respondent, who had worked in the 4th respondent's school earlier as a Lower Grade