The court affirmed that the appointment approval should not be limited and directed the implementation of prior orders for salary disbursement.

JUDGMENT :

(N. NAGARESH, J.)

The petitioner, who is working as UPST in AM UP School, Koorikkuzhi P.O. Kaipamangalam, Thrissur, has filed this writ petition seeking to command the respondents to implement Exts.P9 to P11 and grant approval to the appointment of the petitioner from 15.07.2014 onwards.

2. The petitioner states that she was appointed as UPSA on 02.06.2014 against a retirement vacancy, as per Ext.P3 order. The proposal for approval of appointment forwarded by the Manager was rejected by the Assistant Educational Officer as per order dated 16.11.2017 raising various objections. Ext.P4 order was subjected to challenge by way of filing Appeal. The Appellate Authority directed the Assistant Educational Officer to approve the appointment of the petitioner as UPSA.

3. Subsequently, Ext.P5 order was issued by the Assistant Educational Officer approving the appointment of the petitioner as UPSA with effect from 02.06.2014. However, the approval was limited up to 14.06.2018 only, for the reason that there is a division fall in the LP Division, an LPSA has to be accommodated and therefore, the petitioner has to be retrenched.

4. The petitioner submits that such termination of UPSA in order to accommodate LPSA was subject matter of dispute and this Court in the judgment in Thresia M.L. v. Preethy M.P. and others [2014 (4) KHC 822] has held that if there is reduction in the vacancy position of LPSA, the juniormost LPSA has to be retrenched and not the junior UPSA.

5. The matter went to the 1^st respondent in revision. The 1^st respondent held as per Ext.P9 order that the petitioner’s appointment as UPST is liable to be regularized and it is the juniormost LPSA who has to be removed if there is a fall in LP division.

6. After issuance of Ext.P9 order, the Government issued Ext.P10 letter to the Assistant Educational Officer, pointing out that the appointment of the petitioner can be approved with effect from 15.07.2014 continuously. As the initial appointment of the petitioner is approved, there is no necessity to give a separate proposal afresh.

7. The petitioner states that in spite of Ext.P10, the Assistant Educational Officer sent Ext.P11 letter to the Manager requiring that a fresh proposal may be submitted in respect of the appointment of the petitioner through ‘Samanwaya’. The petitioner states that a fresh proposal is not necessary as the initial appointment of the petitioner has been approved by the Educational Authorities and also for the reason that the 1^st respondent as per Ext.P10 also has stated that there is no necessity for a fresh proposal in the petitioner’s case.

8. The petitioner submitted that as the Government has found in Exts.P9 and P10 that the petitioner is entitled to get approval from 15.07.2014 onwards without limiting the approval up to 14.07.2018, the petitioner is entitled to salary from 15.07.2018 onwards. The petitioner, therefore, seeks to direct the respondents to implement Exts.P9 to P11 and grant approval to the petitioner from 15.07.2014 onwards.

9. The 5^th respondent filed a counter affidavit in the writ petition. The 5^th respondent submitted that against the rejection of appointment approval of the petitioner and other Teachers, the Manager had filed W.P.(C) No.21159/2018 and this Court directed the Authorities to consider the case afresh. Ultimately, the Government ordered to approve the appointment of the Teachers if there is vacancy available and if the Teachers are fully qualified.

10. The 5^th respondent further submitted that as per Government Order dated 29.01.2016, Staff Fixation from the years 2011-2012 to 2015-2016 was finalized. The appointment of the petitioner is in an additional vacancy of the School that was sanctioned in the year 2014-2015 Academic Year. After verifying the Staff Fixation Orders and staff list of the School, it was found that there are no posting for accommodating the petitioner in the year 2018-2019. In the Academic Year, 2019-2020, there was a retirement vacancy in th