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4. The Management and the teachers, it is generally known, started misusing the above statutory provisions for getting preference for future appointments by effecting appointments by creating vacancies during the academic year. Such unethical and unhealthy practices led to creation of anticipatory vacancies and multiple claimants under Rule 51A causing drain on State exchequer since the State is paying the salary. The Government in order to check such practices issued an order G.O.(P) No.169/04.G.Edn. dated 15.06.2004 stating that the claim for re-appointment under Rule 51A of the KER would be limited to those who had been appointed against regular/ leave vacancies having a duration of not less than one academic year. Further, it was also stated that vacancies having duration of less than one academic year would be filled up on daily wage basis and in order to give effect to that Government order, it was ordered that necessary amendments would be made to sub-rule (3) of Rule 7A, Chapter XIV A of the KER.

“(This does not form part of the notification but is intended to indicate the general purpose).
Under the existing sub-rule (3) of Rule 7A Chapter XIV A, General Education Rules vacancies the duration of which is two months or less shall not be filled up by any appointment. Managements of aided schools are appointing teachers in short leave vacancies the duration of which is more than two months and it results in huge financial commitment to Government. After detailed examination of the matter Government inter alia issued order as per G.O.(P) 169/2004/G. Edn dated 15.06.2004 to the effect that claim for appointment under rule 51A of the Kerala Education Rule be limited to those who have been appointed against regular/leave vacancies having a duration of not less than one academic year. The Government has now decided to give statutory validity to the above Government order.

7. The Government of Kerala later issued a clarificatory order vide G.O. (P) No. 104/2008/G Edn. Dated 10.06.2008 regarding the nature of appointment and admissibility of vacation salary as per Rule 49 of Chapter XIV A of the KER to teachers appointed in leave / regular vacancies making it applicable to appointments in both leave vacancies and regular vacancies. The operative portion of clauses 5, 6 and 7 reads as follows:

“5. As per rule 7A (3) of Chapter XIV A KER, if the period of appointment is less than one academic year, the appointment cannot be approved on regular basis. This has caused many doubts among various quarters, requiring clarification regarding the nature of appointment and admissibility of vacation salary as per Rule 49 of Chapter XIVA KER to teacher appointed in -
leave / regular vacancies. In view of the above, the following orders are issued with immediate effect. These are applicable to appointments in both leave vacancies and regular vacancies:-
i) If the period of appointments does not cover one academic year (i.e. from the re-opening day of the school after summer vacation to the closing day for summer vacation), the appointment shall be made only on daily wages.