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2001 Supreme(Ker) 479

M.R.HARIHARAN NAIR
Rathee Devi – Appellant
Versus
State of Kerala – Respondent


Judgment :-

M.R. Hariharan Nair, J.

The petitioner was appointed as High School Assistant (Mathematics) in the High School managed by the 4th respondent. At that time, the 5th respondent was working in the U.P. Section of the same school, which was also managed by the 4th respondent. Though the 5th respondent was aware that vacancy had arisen in Mathematics section of the High School, she did not stake her claim for that post obviously because her subject was not Mathematics and as such she was unqualified for the post. However, after 2 1/2 years, by which time the petitioner's appointment had already been approved, she raised a claim for the post. The Deputy Director dismissed the claim as belated. She then filed a revision before the Government, which was also dismissed as per Ext. P4. The petitioner is aggrieved that as per Ext. P8 order the Government, in exercise of its power of review set aside Ext. P4 and reversed its decision i.e. in favour of the 5th respondent.

2.The question arises whether Ext. P4 order is liable to be reviewed. The power of review is conferred on the Government by virtue of R.93 of Chapter 14A of the K.E.R. It provides as follows:

"93. Review only of orig




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