Since the vacancy in which the petitioner was working ceased to exist.
Hence this appeal by special leave.
A permanent vacancy arose in the school for the academic year 1971 72, for Social Studies when the Head Master in that school retired.
5064 of 1971, challenging the validity of the order passed by the 3rd respondent, inter alia, companytending that as per Rule 51 A , of Chapter XIV A of the Kerala Education Rules, she had a preferential claim and that the appointment of the 4th respondent was illegal.
The 1st respondent appointed the 4th respondent.
She went out of service when this vacancy ceased.
The management took the matter in appeal before the Regional Deputy Director of Public Instruction, respondent No.
She worked in this vacancy also.
The appellant made a representation to the Manager for being appointed against that vacancy.
She went out of the job on 16 3 1970.
She thereupon companyplained to the second respondent.
1973 of the Kerala High Court in transfer petition No.
From the Judgment and Order dated 18.1.
The appellant is a Social Studies teacher.
Aggrieved by this order the appellant moved the High Court of Kerala by filing Original Petition No.
3, who by his order dated 9 11 1971, allowed the appeal.
The appellant pursued the matter by filing Writ Appeal 45 of 1972.
Now, both the appellant and the 4th respondent are working in the same school.
Respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4 is another teacher who worked in the same school in another leave vacancy, from 1 91970 to 26 11 1970.
On this finding he did number approve the ap pointment of the 4th respondent.
45 of 1972.
The appellant thus had a total service of six months and one day while the 4th respondent had 2 months and 25 days of service, under the 1st respondent.
A further vacancy arose on 22 8 1970 and it companytinued till 17 12 1970.
1284 of 1973.
Vishwanath Iyer and N. Sudhakaran for the Appellant.
The second respondent found the appointment of the 4th respondent irregular and held that the legitimate claimant for the permanent post was the appellant.
The appointment has to be approved by the District Educational Officer, the second respondent herein, which was duly done.
She was appointed in a temporary vacan cy in the school of the first respondent, from 13 1 1970 to 16 3 1970, in the academic year 1969 70.
K. Pillai and Miss Lily Thomas for the Respondents.
