JUDGMENT :

P.B. Suresh Kumar, J.

The short question that arises for consideration in this appeal is as to whether a Headmistress in an aided Lower Primary School who was re-appointed as Lower Primary School Teacher in a Government school on account of the closure of the school, is entitled to the pay and allowances of the Headmistress in terms of Rule 52 of Chapter XIVA of the Kerala Education Rules (the Rules).

2. The appeal arises from the judgment in W.P.(C) No.15391 of 2021. The appellant was the petitioner in the writ petition. Parties are referred to in this judgment, as they appear in the writ petition.

3. The petitioner while working as Lower Primary School Teacher in the Eranholi East L.P. School was promoted as the Headmistress of the school on 01.04.2010. By order dated 08.02.2012, as the school was uneconomic, the Government ordered to close down the school. When the school was closed down, the petitioner was re-appointed in Government High School, Aralam Farm as Lower Primary School Teacher. The petitioner retired from the said school on superannuation on 31.05.2015. On re-appointment, according to the petitioner, in the light of Rule 52 of Chapter XIVA of the Rules, she w