He also found that District Education Officer had already companysidered the case of respondent No.1 and found that he was number eligible to be promoted, on the companytrary, the appointment of appellant was approved.
Appellant, ultimately after grant of extension for joining duties, reported for duty on 23.10.2003.
The District Education Officer passed an order on 5.1.2004 rejecting the companytention of respondent No.1.
On the date vacancy had arisen, respondent No.1 was number having requisite qualification, for being appointed on the post A. SLP C No.23777 of 2008 of H.S.A Hindi .
She was appointed H.S.A Hindi vide appointment order dated 11.9.2003, issued by the Manager of the School.
The relevant part of the order dated 04.02.2005 is reproduced hereinbelow To claim promotion under Rule 43 one should have a valid claim, and to have a valid claim one should be duly qualified at the time of occurrence of the vacancy.
16.9.2003, the date on which he became qualified to hold the post.
Feeling aggrieved by the said order passed by A. SLP C No.23777 of 2008 District Education Officer, respondent No.1 filed Revision Petition before the Government but it also met the fate of dismissal.
Necessary directions were issued that within 30 days from the date of receipt of the order, his appointment order be issued.
It is stated that after joining duty, she was obstructed by respondent No.1 herein and other anti social elements hired by him.
The said order passed by District Education Officer was further companyfirmed by State Government in revision preferred by respondent No.1.
The appointment order indicated that she was to join duty within 15 days.
1 was number duly qualified.
Police registered a criminal A. SLP C No.23777 of 2008 case against many and respondent No.1 was arrayed as accused No.7 in the said case.
Further direction was given for disbursement of salary and allowances payable to him within further period of 30 days thereafter.
Thereafter, respondent No.1 filed second W.P C No.
Aggrieved by the appointment of the appellant, respondent No.1 filed W.P C No.
As per Note 2 to Rule 43 Chapter XIV A KER, promotion under the Rule shall be made from persons processing the prescribed qualifications at the time of occurrence of vacancy.
Learned Single Judge, after perusal of records and after hearing parties at length, came to the companyclusion that numbercase was made out for interference against the order of appointment of the appellant, mainly on the following grounds Cut off date has to be taken as 1.7.2003, the date on which vacancy had arisen.
Respondent No.1, S. Rajeevan was already working as Lower Grade Hindi Teacher in the said school but had number passed the test which would have enabled him to possess requisite qualification and had applied for re evaluation.
On 10.8.2003, an advertisement for selection of a teacher for the said post was issued by the management.
4948 of 2005 L before learned Single Judge of High Court of Kerala at Ernakulam challenging the order of appointment of appellant as well as the orders passed by District Education Officer and the State Government.
She had also sustained injuries in the assault and was required to be admitted in Government Hospital.
She and her husband both were physically assaulted and their entry in the school was obstructed.
On companying to know about the vacancy, the appellant herein applied for the said post, since according to her, she possessed all the requisite qualifications on the relevant date.
Thus, the writ appeal filed by respondent No.1 was allowed, order of learned Single Judge, dismissing his writ petition was set aside and quashed and all the reliefs claimed in his writ petition were granted to him.
This was first round of litigation.
Feeling aggrieved by the said order, this appeal has been preferred by the appellant, challenging the same on variety of grounds.
Feeling aggrieved thereof, respondent No.1 filed a writ appeal before Division Bench of the said Court.
Reference to Note No.2 reproduced herein above was made and opined that on the given date admittedly respondent No.
Vide judgment and order dated 6.8.2008 in W.A. No.2425 of 2005, the order passed by learned Single Judge has A. SLP C No.23777 of 2008 been set aside and quashed and direction has been issued to appoint respondent No.1 as H.S.A Hindi w.e.f.
She was called for interview.
Vide order dated 27.10.2003, High Court disposed of the Writ Petition filed by respondent No.1 on the admission made by Government Counsel that his representation would be companysidered on merits in accordance with law.
Pursuant to the order passed by the High Court, his representation was decided.
Since appellant was under medical rest, on account of her recent delivery, she requested the management A. SLP C No.23777 of 2008 for grant of further time to join duty, which was acceded to by the management.
The District Education Officer held as under From the circumstantial evidences, the Manager made maximum attempt to appoint Sri Rajeevan who is working as LG Hindi Teacher of the School and he who had appeared for the LTT examination while the vacancy was originated as on 1.7.2003.
33575 of 2003 before the High Court of Kerala.
For the aforesaid reasons, writ petition filed by respondent No.1 came to be dismissed by learned Single Judge.
However, he was declared pass on 23.9.2003, which would enable him also to stake his claim for appointment to the said post of H.S.A on which appellant was given appointment.
