The appointment of the 7th respondent as HSST (Jr) was determined to be a by transfer appointment, impacting the petitioners' job security.

JUDGMENT :

[WP(C) Nos.23315/2024, 18825/2024]

In both these writ petitions, the main question that arises for consideration is whether the appointment of the 7^th respondent in these writ petitions as HSST (Jr) in English with effect from 22.10.2011 was a direct recruitment or was it a by transfer appointment. Ext.P9 in W.P(C).No.23315 of 2024 is the order passed by the Government, wherein, it was found that the 7^th respondent was appointed in the vacancy of HSST (Jr) in English as a by transfer appointment. The petitioners in both these writ petitions are aggrieved by the said finding, as according to them, it would affect their rights to continue in the posts of HSA (English) in the same school. These writ petitions are submitted in such circumstances, challenging the aforesaid Government Order. Ext.P9 in W.P(C)No.23315 of 2024 is produced as Ext.P13 in W.P(C)No.18825 of 2024, (For convenience, the parties and the exhibits are referred to hereinafter as per the sequences as referred to in W.P(C).No.23315 of 2024).

2. The facts in brief are as follows:

The petitioner in W.P(C)No.23315 of 2024 was appointed as HSA (English) in a newly created post by the 6^th respondent Manager, with effect from 03.06.2013. Ext.P1 is the said appointment order. The 7^th respondent was initially appointed as HSA (English) in the said school on 13.07.2011. While the 7^th respondent was continuing in the said post without approval, a vacancy of HSST (Jr.) in English had arisen in the Higher Secondary Section of the School due to the promotion of one Deepu K., HSST (Jr.) in English, as HSST English, in the leave vacancy of one Jamsal P. In the said vacancy, the 7^th respondent was appointed as HSST (Jr) with effect from 22.10.2011. Appointment of the 7^th respondent as HSST (Jr) was approved for the period from 22.10.2011 to 30.03.2012 and 04.06.2012 to 31.03.2016.

3. The petitioner was appointed as HSA (English) in the vacancy that arose consequent to the appointment of the 7^th respondent with effect from 03.06.2013. However, later he was shifted to the regular vacancy of HSA (English) against which one Rajasree was appointed and the said Rajasree was shifted to the vacancy of the 7^th respondent, giving preference to the senior appointee. The said Rajasree is the petitioner in W.P.C.No.18825 of 2024 and her appointment was with effect from 15.07.2015. The 5^th respondent approved the appointment of Rajasree from 15.07.2015 to 31.03.2016 on the presumption that the 7^th respondent possesses a lien in the post of HST (English).

4. In the mean time, an issue arose regarding the approval of one T.K. Vidhyasree as HSST (Jr.) in Maths through by transfer method, along with the claim of Smt.Shini T.K, who was appointed on direct recruitment. The said issue was relating to 25% quota for by transfer appointment, and while considering the said question, the nature of appointment of the 7^th respondent as HSST (Jr), i.e., whether it was a direct appointment or by transfer appointment, was considered, and Ext.P5 order was passed. In Ext.P5, the Government found that, the 7^th respondent was appointed as HSST (Jr), by way of direct recruitment. In the meantime, the 2^nd respondent, the Director of General Education passed an order in favour of Smt.Rajasree, the petitioner in W.P(C) No.18825 of 2024, finding that the appointment of the 7th respondent has to be restricted till 21.10.2011 in the cadre of HSA (English) and declared that he is not entitled to claim under Rule 51A of Chapter XIV of the KER and also found that the appointment of the petitioner is to be approved continuously from 03.06.2013. Ext.P6 was the order passed by the 2^nd respondent in this regard.

5. Ext.P5 order was challenged by the 7^th respondent by filing W.P(C) No.28934 of 2022 and he also challenged Ext.P6 order by filing W.P(C)No.6178 of 2022 before this Court. Later, as per Ext.P7 common judgment, both the above writ petitions were disposed of by this Court, setting aside Ext.P5 order to the extent it