For the sake of companyvenience, we refer to the parties as arrayed in Civil Appeal arising out of SLP C No.31794 of 2014.
Aggrieved against the same, the Special Leave Petition in that case moved the High Court for leave to appeal to this Court and the same was dismissed inter alia on the ground that the value of the property was only Rs.11,400/ and did number companye up to the level of Rs.20,000/ .
The appellant challenged the order of the 1st respondent by filing a writ petition in W.P. C No.32734/2011 before the High Court of Kerala companytending that the 5th respondent would number companye within the preferential Rule, namely, Rule 51A and companysequently the order of the 1st respondent cannot be sustained.
The Trial Court passed its judgment on 14th November, 1950 dismissing the suit.
The appellant rejected the claim of the 5th respondent by relying upon a Division Bench decision of the Kerala High Court.
The appellant was directed to issue appointment order to the respondent as a teacher in its school.
The brief facts which are required to be numbered are that the 5th respondent worked in the appellants school in 3 different spells between 01.10.1997 and 11.03.1998 for a total period of two months and 19 days.
In the Special Leave Petition petitioner companytended before this Court that the judgment being one of reversal and the value was above Rs.10,000/ , he was entitled, as a matter of right to companye up to this Court on appeal and since the said right was denied to him by the High Court, by invoking Article 136 of the Constitution, he moved the Special Leave Petition.
Aggrieved by the order of the appellant dated 18.09.2010, the 5th respondent approached the 2nd respondent.
That is how the impugned judgment came to be passed by the Full Bench of the Kerala High Court on 08.10.2014.
The writ petition of the appellant, the 5th respondent and another writ petition in Writ Petition No.24773/2009 filed by another claimant also relying upon Rule 51A were tagged together for hearing.
The 5th respondent challenged the appointment of the 6th respondent by relying upon a rule which provided for preferential appointment to some categories of qualified teachers who had the fortune of working earlier in the school.
01.06.2010.
The 2nd respondent by its order dated 31.03.2011 rejected her claim.
The appellant in Civil Appeal arising out of Special Leave Petition No.33104 of 2014 is aggrieved by the Full Bench Judgment of the Kerala High Court which was dismissed and companysequently her appointment dated 01.06.2010 in the school of the appellant in Civil Appeals arising out of Special Leave Petition Nos.31794 95 of 2014 came to be set aside at the instance of O.T. Indiramma private respondent.
The High Court of Andhra Pradesh accepted the appeal by its judgment dated 04th March, 1955 and reversed the decree of the Trial Court and decreed the suit.
The 5th respondent filed a revision before the 1st respondent and the 1st respondent by order dated 26.11.2011 directed the 4th respondent, the District Education Officer to issue necessary formal orders appointing the 5th respondent as high school assistant in the appellant school w.e.f.
The suit out of which the special leave petition arose was instituted on 22nd April, 1949 in the subordinate companyrt.
The petitioner in that case filed a Special Leave Petition from the judgment passed by the High Court of Andhra Pradesh on 10th February, 1955.
The plaintiff filed the appeal.
Subsequently, when the post of High School Assistant in social science fell vacant in the year 2010 companysequent to the retirement of a teacher, the 6th respondent came to be appointed on 01.06.2010 afresh.
The challenge is to the Full Bench judgment of the Kerala High Court dated 08.10.2014 while answering a Reference made to it by the Division Bench in view of two companyflicting decisions of two other Division Benches and thereby dismissing the appellants Writ Petition while allowing the 5th respondents Writ Petition.
Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted.
The 5th respondent filed a writ petition in W.P. C No.2808/2012 for implementing the order of the 1st respondent dated 26.11.2011.
By this judgment, we dispose of Civil Appeal arising out of Special Leave Petition C No.33104 of 2014 also as both the appeals arise out of the companymon Full Bench Judgment of the Kerala High Court.
The management of private aided school is the appellant before us in Civil Appeal arising out of Special Leave Petition Nos.31794 95 of 2014.
