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2003 Supreme(Ker) 395

K.BALAKRISHNAN NAIR
Bindu Thomas – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner challenges the retrospectivity given to an amendment introduced in the Kerala Education Rules by Ext.P9 dated 3.4.2003. By the said amendment, a rival claimant became eligible for appointment as High School Assistant. The petitioner apprehends that the said eligibility acquired by the 3rd respondent may affect her claim for approval of her appointment. The brief facts of the case are the following:

2. The petitioner is presently working as High School Assistant (Malayalam) in St. Mary's High School, Vynthala managed by the 4th respondent. She was appointed as HSA (Malayalam) in this School in a leave vacancy by Ext.P3 order dated 12.8.1999. The appointment was for a period extending from 12.8.1999 to 15.10.1999. That was approved by the D.E.O. She was reappointed in a leave vacancy of HSA (Malayalam) from 11.1.2000 to 15.3.2000 by Ext.P4. The said appointment was also approved. The petitioner was again appointed in a leave vacancy from 19.9.2000 to 18.9.2002. The said appointment was also approved as evident from Ext.P6 appointment order. The approval of appointment was restricted upto 14.7.2001. The petitioner submits, feeling aggrieved by the approval










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