Manager, Kerala School For The Blind v. N. K. Abdurahiman
2012-04-03
ANIL R.DAVE, H.L.DATTU
body2012
DigiLaw.ai
ORDER : Civil Appeal arising out of SLP(C) No. 7406 of 2009 1. Leave granted. 2. This appeal is directed against the order passed by the Division Bench of the High Court of Kerala in Writ Petition (C) No. 19776 of 2007 dated 13.02.2009. By the impugned judgment, the High Court has directed the Manager, Kerala School for the Blind to appoint the contesting respondent herein as a Cook in the preferential vacancy that has arisen after the contesting respondent was appointed some time in the month of July, 2003. 3. Rule 51A and the proviso appended thereto was pressed into service by the appellant to contend that since the contesting respondent has not completed one year of service as a Cook with the appellant, he is not entitled to any preferential appointment. 4. Per contra, it was the stand of the contesting respondent that as on the date when he was appointed, the Rule envisaged, that to claim a right for a preferential appointment, person appointed should have completed only two months of service and not one year of service as envisaged under the amended Rule, and as introduced by Proviso 2 to Rule 51A of the Kerala Education Rules. 5. The learned Judges of the High Court of Kerala applying the first principles and also the language employed in the proviso to the Rule 51A, has come to the conclusion that the contesting respondent had a vested right to seek a preferential appointment, since the amended proviso to Rule 51A has come into effect only w.e.f. 27.04.2005. 6. In our view, the learned Judges of the High Court of Kerala have not committed any illegality or error, which would call for our interference. Accordingly, the appeal stands dismissed. 7. Ordered accordingly. Civil Appeal arising out of SLP(C) No. 8478 of 2009 1. Leave granted. 2. The Civil Appeal is dismissed.