Point of Law: Services of leave substitutes will be regularized against the first arising permanent/regular vacancy in the respective schools in the order of seniority

JUDGMENT :

P.B. Suresh Kumar, J.

1. The issues involved in these writ petitions are closely interlinked and they are, therefore, disposed of by this common judgment. Parties and documents are referred to in this judgment for convenience, as they appear in W.P.(C) No.26553 of 2014.

2. The petitioner was appointed in terms of Ext.P1 order as Lower Primary School Assistant (LPSA) in A.M. Upper Primary School, Punnathala (the School) on 01.06.2009 in the leave vacancy of one Sabira Pottachola for the period upto 10.10.2010. The appointment in terms of Ext.P1 was not approved initially by the Educational Officer. The leave granted to Sabira Pottachola was later extended up to 10.10.2015. When the leave of the teacher referred to above was extended up to 10.10.2015, the appointment of the petitioner was also extended up to 10.10.2015 as per Ext.P2 order. The appointment of the petitioner in terms of Ext.P2 order was also not initially approved by the Educational Officer. The Manager though took up the matter relating to the approval of the appointments in terms of Exts.P1 and P2 in appeal before the District Educational Officer, the same was rejected. The decision of the District Educational Officer was challenged by the Manager as also the petitioner before the Director of Public Instruction in separate appeals. In terms of Ext.P3 order dated 09.06.2011, the Director of Public Instruction directed the Educational Officer to approve the appointment of the petitioner from 01.06.2009 to 10.10.2015, if the same is otherwise in order. Pursuant to Ext.P3 order, the appointment of the petitioner as LPSA for the period from 01.06.2009 to 10.10.2015 was approved by the Educational Officer by making appropriate endorsements in the copies of Exts.P1 and P2 appointment orders.

3. In the meanwhile, a permanent vacancy of LPSA arose in the School on 24.11.2010. The Manager appointed the fifth respondent, who was a Peon in the School since 10.7.2006, in the said vacancy, as according to the Manager, she was entitled to be considered for appointment against the said permanent vacancy in terms of the provisions contained in the Kerala Education Rules (the Rules). According to the petitioner, he was entitled to be considered for appointment against the permanent vacancy which arose in the School on 24.11.2010 as he was a claimant in terms of Rule 51A of Chapter XIVA of the Rules. The petitioner therefore, challenged in revision, the appointment of the fifth respondent in the vacancy which arose on 24.11.2010, before the Government. The Government, in terms of Ext.P8 order, interfered with the appointment of the fifth respondent and directed the Educational Officer to shift the petitioner to the permanent vacancy instead of the fifth respondent.

4. Ext.P8 order was challenged by the fifth respondent in W.P.(C) No.3230 of 2012. Ext.P10 is the judgment in the said writ petition. In Ext.P10 judgment, this court found that the basic question is as to whether the petitioner is a Rule 51A claimant and Ext.P8 order was passed by the Government without considering the said question. This court, in the circumstances, set aside Ext.P8 order and directed the Government to consider the revision preferred by the petitioner afresh. In the light of the direction issued by this court, the Government considered the revision preferred by the petitioner afresh, and having found that the petitioner is not a Rule 51A claimant, cancelled Ext.P8 order and directed the Educational Officer to approve the appointment of the fifth respondent in the vacancy which arose on 24.11.2010. Ext.P12 is the order issued by the Government in this regard. Ext.P12 order is under challenge in the writ petition.

5. Since Ext.P12 order is under challenge in the writ petition, the Educational Officer did not implement the direction contained in Ext.P12 order. W.P.(C) No.39925 of 2015 is therefore, filed by the fifth respondent seeking directions to the Educational Officer to implement Ext.P12