A. K. JAYASANKARAN NAMBIAR, GOPINATH P.
M. Hameed – Appellant
Versus
State of Kerala Represented by The Secretary To Government, General Education Department – Respondent
JUDGMENT :
A.K. Jayasankaran Nambiar, J.
The petitioner in W.P.(C)No.25316/2010 is the appellant before us aggrieved by the judgment dated 21.3.2017 of the learned Single Judge. The brief facts necessary for the disposal of the Writ Appeal are as follows:-
2. The petitioner had been appointed as an Arabic Teacher in a leave vacancy that arose in the school consequent to the leave availed by the regular incumbent Sri. K.Basheer Ahammed. The petitioner was appointed to the said vacancy for the period from 27.10.1986 to 30.9.1991. It is not in dispute that the said appointment of the petitioner was approved by the Educational Authorities. It would appear that, thereafter, a permanent vacancy of Arabic Teacher arose in the school with effect from 20.3.2006, the date on which the earlier incumbent to the permanent vacancy, Sri. K. Basheer Ahammed, resigned from the school. While the petitioner, believing himself to be a Rule 51A claimant consequent to his earlier spell of service in the leave vacancy, preferred a representation dated 16.11.2006 before the Manager, the said representation was not considered favourably by the Manager, who had, in the meanwhile, appointed Smt. M. Soudha, the
Important points:The appellant had rendered service in the leave vacancy for the period between 27.10.1986 and 30.9.1991 which was the period covered by his appointment letter as approved by the Educ....
Point of Law : Rule 53 of Chapter XIV(A) KER reads as A teacher shall not himself terminate his service before the expiry of the term of his appointment without the permission of the Educational Offi....
Services of leave substitutes will be regularized against the first arising permanent/regular vacancy in the respective schools in the order of seniority
A teacher who quits service loses entitlement to benefits under Rule 51A of the Kerala Education Rules, 1959.
Right to preferential appointment envisaged therein accrues only to a teacher who has been “relieved” in any of the circumstances mentioned in the Rule.
The manager's discretion in teacher appointments is subject to established preference rights under the Kerala Education Rules.
The main legal point established in the judgment is that when there is a conflict between the provisions of R.51A and R.43 of the Kerala Education Rules, 1959, the former should give way to the latte....
a teacher who has obtained a right to preferential appointment to future vacancies in identified posts, based on past service rendered in a teaching post in the school prior to retrenchment therefrom....
A teacher's resignation takes effect only upon approval by educational authorities under Rules 48 and 53 of Chapter XIVA KER.
Timely application submission is crucial for compassionate appointments; failure to apply within stipulated limits invalidates subsequent claims.
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