No Break In Service Merely Because Initial Appointment Was Made Against Leave Vacancy Followed By Appointment To Regular Vacancy: Kerala High Court

The dispute in the writ appeal was in connection with the appointment of a teacher (5^th respondent) as headmistress in an aided school.

Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the appeal filed by the Manager of the school and other teachers who were appointed as headmistress stated that the 5^th respondent was eligible to be appointed as headmistress since she served without any break for 12 years even though her initial appointment was made in a leave vacancy.

“Admittedly, the teacher served without any break. Merely for the reason that her initial appointment was in a leave vacancy and followed in regular vacancy, it does not mean that there is a break in service. It is to be noted that law does not recognise different spells of service having interval to have a continuity, but only refers continuous service without any interval. Since Sreerekha had continuous service without any break, she is entitled to be appointed as headmistress”, stated the Bench.

In the facts of the case, the Manager of the school did not consider the 5^th respondent as eligible for appointment as headmistress since she did not have continuous service for 12 years. The 5^th respondent was appointed in a leave vacancy with effect from July 2007 and she was appointed in a regular vacancy with effect from June 2012.

The school Manager contended that per Rule 44 A(1) of Chapter 14A of Kerala Education Rules, the qualification for appointment to the post of headmistress was having a continuous service of 12 years. Thus, the Manager relying upon Rajamma P.R. v. Manager, St. George High School and Others (2012) added that the appointment of the 5^th respondent would be counted only from the date she was appointed in regular vacancy, that is, from June 2012 only. Despite this, the District Education Officer directed the Manager to appoint the 5^th respondent as headmistress. This was upheld by the single judge and aggrieved by this, the Manager and the teachers who were promoted to Headmistress have preferred a writ appeal.

The Court stated that there was no break in service for the 5^th respondent since her appointment was in leave vacancy. It stated that she has continuous service without a break in service and was eligible to be appointed as headmistress.

Accordingly, the writ appeals were dismissed.

Counsel for appellants: Advocates George Abraham, Joby D Joseph, Mary Catherine Priyanka P S

Counsel for respondents: Senior Government Pleader Vinitha B

Citation: 2024 LiveLaw (Ker) 183

Case title: The Manager v State of Kerala & Connected Case

Case number: W.A. Nos.205 and 188 of 2024

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