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2003 Supreme(Ker) 406

K.BALAKRISHNAN NAIR
Baiju Kumar – Appellant
Versus
DEO, Trivandrum – Respondent


Judgment :-

1. These two cases have been filed by the very same petitioner to enforce his right under R.51B of Chap.XIVA of the K.E.R. So, they are heard and disposed of by a common judgment.

2. O.P. No.14830/99-M

The petitioner's mother Smt. S.Christi Bai was working as H.S.A. (Malayalam) in the school managed by the 2nd respondent from 3.8.1970 onwards. She died on 18.5.1989 while in service. At the time of her death, she had completed 19 years of service. The petitioner's date of birth is 30.5.1978 and at the time of his mother's death, he was only a minor aged about 11 years. He attained majority on 30.5.1996. Thereafter, on 30.11.1998, the petitioner submitted an application for appointment under R.51B of Chap.XIVA of the K.E.R. on finding that a vacancy of Peon has arisen in the school on 30.9.1998. Ext.P1 is the application submitted by him in the prescribed format. Thereafter, he moved the Director of Public Instructions seeking appropriate reliefs. Still later, he also submitted Ext.P2 representation dated 3.4.1999 before the District Educational Officer praying that appropriate directions may be issued to the Manager to consider his application. R.51B in Chap.XIVA of the K.

























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