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2004 Supreme(Ker) 97

N.K.SODHI, K.K.DENESAN
State of Kerala – Appellant
Versus
Jayasree K. M. – Respondent


Judgment :-

N.K. Sodhi, Ag. C.J,

Jayasree K.N. (hereinafter referred to as the petitioner) was appointed a Drawing Teacher in Seethathodu High School, Seethathodu, Pathanamthitta (for short the School) with effect from 1.6.1992. By order dated 19.8.1992 the District Educational Officer, Pathanamathitta fixed the staff strength of the School for the academic year 1992-93 and created one additional post of a Drawing Teacher in the pay scale of Rs.845-1570. On a scrutiny of the staff fixation, the Deputy Director (education) by his order dated 30.1.1993 (copy of which is Ext.P3 on the record) abolished the newly sanctioned post of the Drawing Teachers against which the petitioner had been appointed. Before passing the order a notice was issued to the Manager of the School and also to the petitioner who was the affected teacher to show cause why the post should not be abolished. The Deputy Director found that the School was having six Divisions in Standard VIII and five Divisions in Standard IX and that one period had been allotted to the Art subject Music/Drawing in Standard VIII and one period for the subject Music/Drawing/Craft & Sewing in Standard IX. He concluded that the availabil











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