A qualified teacher's claim under Rule 51A ceases upon accepting permanent employment in another educational agency, emphasizing employment security.

JUDGMENT :

N.Nagaresh, J.

The petitioner in W.P.(C) No.42955 of 2024 (5^th respondent in W.P.(C) No.2500 of 2025) seeks to enforce her claim under Rule 51A, Chapter XIVA, KER. Petitioners 1 to 5 in W.P.(C) No.2500 of 2025 seek to direct the Educational Authorities to approve their appointment as UPSA and LPSA, which stands declined due to the Rule 51A claim made by the petitioner in W.P.(C) No.42955 of 2024.

2. The parties are referred to in this judgment as they are described in W.P.(C) No.2500 of 2025, for convenience.

3. The 5^th respondent was appointed as UPSA on 15.01.2004 in the School managed by the 4^th respondent. By an order dated 18.09.2010, the appointment of the 5^th respondent was approved by the Assistant Educational Officer from 15.01.2004 to 14.07.2005. The 5^th respondent thereby fell within the purview of Rule 51A. The 5^th respondent continued to work till December, 2009. The 5^th respondent got employment in the Registration Department in the year 2021.

4. Petitioners 1, 2, 4 and 5 were appointed as UPSTs in the School during July-August, 2021 and the 3^rd petitioner was appointed as LPST in July, 2021. However, their appointments were not approved by the Assistant Educational Officer for the reason that the 5^th respondent has Rule 51A claim for appointment and petitioners 1 to 5 were appointed as UPSAs/LPSA overlooking the claim of the 5^th respondent.

5. The Assistant Educational Officer rejected the proposals in respect of the petitioners as per Exts.P4(a) to P4(d) orders dated 03.08.2021 (in W.P.(C) No.42955 of 2024). The District Educational Officer rejected the appeal filed by the Manager as per Ext.P6 order dated 22.02.2022. The Manager thereupon filed Ext.P8 Revision Petition before the Government.

6. The Government as per Ext.P9 order dated 20.11.2024 held that since the 5^th respondent has joined Government service on and from 09.07.2021, her 51A Claim cannot be acceded to with retrospective effect. The Government therefore ordered the Manager of the School to accommodate the 5^th respondent in the next vacancy after following the procedure prescribed by the KER. The Government also directed the Assistant Educational Officer to approve the appointments granted to the petitioners, if they are otherwise eligible. Pursuant to Ext.P9 order of the Government, the Manager offered an HTV (UP) vacancy to the 5^th respondent on 05.12.2024.

7. The counsel for the 5^th respondent contended that the 1^st respondent has erred in interpreting Rule 51A of Chapter XIVA, KER. When Rule 51A states that the right of Teachers under Rule 51A will continue provided they have not been appointed in permanent vacancies in Schools under any other Educational Agency, it means a Teacher will lose claim under 51A only when he/she is appointed as Teacher under another Educational Agency.

8. The counsel for the 5^th respondent asserted that the appointment of the 5^th respondent in Sub Registrar’s Office will not stand in the way of her claim under Rule 51A, as long as there is no relinquishment on her part. Ext.P9 order of the Government, is therefore liable to be quashed, urged the counsel for the 5^th respondent.

9. The counsel for the petitioners on the other hand argued that the Assistant Educational Officer is duty bound to approve the appointments of the petitioners in pay scale, since the vacancies had arisen before 08.11.2021. The delay and non-compliance on the part of the 3^rd respondent in implementing Ext.P9 revisional order of the Government, is highly arbitrary and is liable to be interfered, since the 5^th respondent has been issued notice by the Manager asking her to join in the HT vacancy which can be filled up by a statutory claimant. The 5^th respondent has refused the offer. The attempt of the 5^th respondent is not to get the teaching post, but for making some other bargaining. The Manager also filed a counter affidavit and resisted W.P.(C) No.42955 of 2024.

10. I have heard the learned Counsel for the petitioners, the Government Plead