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2000 Supreme(Ker) 101

K.V.SANKARANARAYANAN, K.NARAYANA KURUP
Rajasree – Appellant
Versus
Secretary to Government – Respondent


Judgment :-

K. Narayana Kurup, J.

One Smt. Gangakumari was appointed as U.P.S.A. in M.H.S. for boys from 25.1.1995 to 31.3.1995 in an existing division vacancy and the appointment was also approved by the Manager as also by the District Educational Officer as borne out by Ext. P2 appointment order. Thereafter, the said teacher was re-appointed from 5.8.1995 onwards as borne out by Ext. P3 appointment order. She possesses B.Sc. degree (Natural science) and B.Ed, qualifications and hence duly qualified for the post of H.S.A. (Natural science). Later, when a leave vacancy of H.S.A. (Natural science) arose, the Manager appointed one Rajasree to the said post rejecting Gangakumari's claim for the said post on the ground that she had as per Ext. P4 relinquishment letter, permanently relinquished her right for promotion as H.S.A. Ext. P7 is the representation preferred by Gangakumari to the District Educational Officer highlighting her grievances. In Ext. P7, Gangakumari has stated that the permanent relinquishment obtained from her is one obtained by force and therefore it is illegal and invalid.

2. As per Ext. P8, the District Educational Officer, informed Gangakumari that she had permane





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