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1988 Supreme(Ker) 314

MALIMATH, BHASKARAN NAMBIAR
Sreekumar AMMA – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This appeal is by Sreekumari Amma challenging the judgment of the learned single judge in O. P. No. 3272 of 1987. The appellant was appointed as an Upper Primary School Assistant for different short durations from 1979 to 1981. This is in the Nair Samajam Boys High School, an aided institution governed by the Kerala Education Act and the rules made thereunder. She could not be continued as an Upper Primary School Assistant for want of vacancies and thus acquired protection under R.51A of Chapter XIV¬A of the Kerala Education Rules (for short, the Rules). When such was the position, a permanent vacancy of Upper Primary School Assistant arose in the year 1983 and the manager appointed the appellant in the said vacancy in due recognition of her rights under R.51-A. But by order Ext. P1 dated 29-11-1983, the District Educational Officer refused approval to the said appointment on the ground that there are other High School Assistants who are entitled to the benefit of R.51-A. In other words, approval was refused on the ground that the manager should have appointed the protected High School Assistant in preference to the appellant, who was a protected Upper Primary School










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