IMPORTANT POINT
A teacher who quits service loses entitlement to benefits under Rule 51A of the Kerala Education Rules, 1959.

JUDGMENT :

HARISANKAR V. MENON, J.

These connected writ petitions are filed by a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules, 1959 (‘KER’ for short) and the Manager of the School in which the claimant was originally working. (For convenience, the parties and Exhibits are referred to, as described in W.P.(C) No.20700of2019)

2. The petitioner had joined the service in the 5th respondent School as an HSA (Natural Science) as per Ext.P1. In the year 2007, the petitioner had to be retrenched from service on account of a division fall and therefore, she became entitled for the benefits under Rule 51A, Note-2, Chapter XIVA of KER. Thereafter, she is working as Cluster Coordinator, by virtue of certain packages formed by the Government.

3. During the year 2012, in the month of July, there arose a vacancy in the 5th respondent School in the cadre of UPSA. Against the said vacancy, the 7th respondent stood appointed from the open market. Thereupon, the said appointment had to be approved by the District Educational Officer -the 4th respondent. When the said application for approval reached the 4th respondent, by Ext.P3, the 4th respondent rejected the said approval, finding that the petitioner was entitled for appointment as a UPSA by virtue of her claim under Rule 51A, Note-2 of Chapter XIV-A of KER. The said proceedings at Ext.P3 was appealed by the Manager/5th respondent before the 3rd respondent. Ext.P4 is the resultant order issued by the 3rd respondent, by which the appeal stood rejected.

4. As against the said order at Ext.P4, the petitioner submitted an application to the Government for appropriate orders with regard to the appointment of the petitioner. The Government issued Ext.P5 order, finding that the petitioner required to be appointed insofar as the relinquishment letter, pointed out by the Manager, could not be acted upon by virtue of Note-2 of Rule 51A of Chapter XIV-A of KER.

5. The proceedings at Ext.P5 was challenged by the 5th respondent before this court by filing W.P.(C) No.20586 of 2016. The said writ petition was considered along with two other writ petitions filed by the 7th respondent and the petitioner and by Ext.P6 judgment, this Court found that insofar as the 7th respondent was not heard before the impugned order was issued, the same requires to be set aside. Therefore, the impugned order was set aside and the Government directed to consider the revision filed by the petitioner afresh after hearing the Manager as well as the 7th respondent.

6. Later the issue was reconsidered at the hands of the Government by Ext.P7. By an order dated 07.06.2019, the Government again found that the petitioner is entitled for the benefits under Rule 51A, Note-2 referred above.

7. Finding thus, the stand taken by the Manager as well as the 7th respondent was rejected. Against the said proceedings, it is pointed out that the 7th respondent filed a review application before the Government, in which the Government issued Ext.P8 order. In the said order, the Government found that the petitioner herein had opted for the benefits under Rule 30 Chapter XXX of KER and availed the benefit of provident fund closure of her account by relinquishing her claim for continuance as a teacher and therefore, the petitioner is not entitled to the benefits under Rule 51A, Note-2 referred above. It is challenging the proceedings at Ext.P8 that the petitioner-Rule 51A claimant-has filed W.P.(C) No.20700 of 2019.

8. It is also to be noticed that the order at Ext.P7 dated 07.06.2019 has been independently challenged by the Manager by filing W.P.(C) No.23550 of 2019.

9. In W.P.(C) No.20700 of 2019, the 5th respondent filed a counter affidavit, producing Ext.R5(a), a letter by which the petitioner had relinquished her claim for continuance in the 5th respondent School as against any future vacancy that may arise. The manager has also produced Ext.R5(b) application for closure of the GPF account submitted by the petitioner dat