JUDGMENT

K. Vinod Chandran, J.

The appeal arises from the judgment of a learned Single Judge, which relied on the judgment of an another Division Bench in District Educational Officer, Kannur v. A.V. Sathyabhama and others [2016 (4) KHC 911 to allow the writ petition. The question raised is whether an UPSA promoted as HSA on 01.06.2016 is entitled to be protected under Ext.P5 G.O. dated 29.01.2016.

2. The brief facts to be noticed are that the 1^st respondent herein was appointed in a promotion vacancy as HSA on 01.06.2016. The appellant herein was originally appointed as UPSA on 01.06.1999 and then promoted as HSA on 01.06.2016, in which vacancy the 1^st respondent was appointed as UPSA. In the academic year 2017-2018, there was a division fall in the High School and the appellant, who was a promoted hand in the post of HSA, was directed to be reverted to the post of UPSA as per the staff fixation order. On such reversion, the 1^st respondent would be retrenched from service subject only to Rule 51A of the Kerala Educational Rules, 1959 [for brevity, 'the KER']. The 1^st respondent then filed a writ petition before this Court contending that the appellant herein is entitled to protection