IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 13^TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946 AMENDED WP(C) NO. 17265 OF 2015 PETITIONER:

PREETHI.G U.P.S.A, DHARMARTHA DAYINI SABHA HIGH SCHOOL, KARIMPADAM, CHENNAMANGALAM (P.O), PARUR-683 512.

BY ADVS.

SRI.ELVIN PETER P.J.

SRI.K.R.GANESH SRI.T.G.SUNIL PRANAVAM RESPONDENTS/RESPONDENTS:

1 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM.

2 THE DISTRICT EDUCATIONAL OFFICER, ALUVA.

3 THE MANAGER, DHARMARTHA DAYINI SABHA HIGH SCHOOL,CHENNAMANGALAM (P.O), PARUR - 683 512.

ADDL. 4TH RESPONDENT ADDL. R4 SRI.SOORAJ SATHYAN H.S.A., DHARMARTHA DAYINI SABHA HIGH SCHOOL, KARIMPADAM, CHENNAMANGALAM PO., PARUR - 683 512.

BY ADVS.

BY BIJOY CHANDRAN, SR. GOVERNMENT PLEADER SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY SRI.K.JAJU BABU SR.

SRI.V.V.SIDHARTHAN SR.

SMT.M.U.VIJAYALAKSHMI SRI.D.G.VIPIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J.

= = = = = = = = = = = = = = = = = =

Amended Writ Petition (C) No.17265 of 2015 = = = = = = = = = = = = = = = = = =

Dated this the 13^th day of June, 2024

J U D G M E N T

The petitioner was appointed as an LPSA in a leave vacancy in the DDSHS, Karimpadam, where the third respondent is the Manager, from 22.09.1997 to 20.12.1997. Thereafter, the petitioner was appointed as LPSA in a regular vacancy from 01.06.1999. The appointment was duly approved. Later, she was promoted to UPSA, which was also duly approved by the authorities.

2. While so, two vacancies of HSA (Social Science)

arose in the school on 01.04.2015. The vacancies arose consequent to the retirement of one Retnavally, and on the promotion of one Sheeba as Headmistress.

3. According to the petitioner she was the senior most claimant under Rule 43 of Chapter XIVA, for promotion to the post of HSA. The petitioner submitted Ext.P5 representation dated 23.03.2015, seeking consideration for her promotion to one of the vacancies arising on 01.04.2015. However, without considering the claim of the petitioner, the third respondent Manager issued Ext.P6 notification in newspaper, inviting applications for appointment to the posts of HSA (Social Science). It is thereupon that the petitioner approached this Court with this writ petition challenging the notification.

4. Pending the writ petition, the additional 4^th respondent who was working as an unapproved HSA (Malayalam), was given appointment in one out of the two vacancies of HSA (Social Science) with effect from 01.06.2015. The petitioner alleges that such appointment was overlooking her claim under Rule 43 of Chapter XIV KER. The writ petition was amended, challenging the appointment of the additional 4^th respondent, and claiming promotion of the petitioner with effect from

01.04.2015.

5. I have heard learned counsel for the petitioner, the learned counsel for third and additional fourth respondents, and also the learned Senior Government Pleader.

6. It is the case of the petitioner that, she being the senior most Rule 43 claimant, was entitled to be promoted to one of the vacancies of HSA that arose in the school. However, overlooking her claim, the additional 4^th respondent was appointed with effect from

01.06.2015.

7. The additional 4^th respondent was working as UPSA in the school. He was promoted as HSA (Malayalam) on 02.06.2014. However, consequent on the abolition of post, his promotion was not approved. In terms of Rule 7 of Chapter XIV KER, the appointment becomes effective only on its approval. Though the additional 4^th respondent was promoted as HSA on 02.04.2014, it was not approved. Therefore, for all purposes the promotion did not take effect and he continued as UPSA. Therefore, he was the senior most UPSA and a Rule 43 claimant. The petitioner stood only next in the line. Viewed in such manner, the appointment of the additional 4^th respondent as HSA with effect from 02.06.2014 is only to be upheld.

8. With regard to the claim of the