ORDER :

1. This appeal is before us pursuant to the reference order dated 12.11.2019 of a Division Bench of this Court that doubted the correctness of the view expressed by another Division Bench in Sandhya T.N. vs. Jalaja Kumari and Ors. 2008 (3) KLT 655 while deciding the inter se claim between holders of rights under Rule 43 and Rule 51A of Chapter XIV-A of the Kerala Education Rules [hereinafter referred to as the “KER” for brevity] in the matter of preferential appointment to vacancies arising in teaching posts in the school concerned. The doubt entertained by the referring Bench was essentially as regards the continued entitlement of a Rule 51A claimant to the right under the said provision, despite being accommodated to a vacancy in a teaching post in a different category, in effectuation of that right. The brief facts necessary for an appreciation of the issue that has been referred is as follows:

The appellant, Smt. K. Sumangala Devi was the 4th respondent in W.P. (C) No. 11177 of 2016. She had worked variously as HSA (Hindi) and Lower Grade Hindi Teacher during various spells in schools under the management of the Travancore Devaswom Board between 1994 and 2005. It was whil