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1996 Supreme(Ker) 276

K.A.ABDUL GAFOOR
Sajeesh Babu – Appellant
Versus
State – Respondent


Judgment :-

Abdul Gafoor, J.

The petitioner's father was a teacher in Perambra Higher Secondary School, an aided school managed by the 2nd respondent. His father died in the year 1991. The petitioner possessed S.S.L.C. and is therefore fully qualified to be appointed as a clerk or in any post in the last grade or as Labor alary Attendant in the school. A vacancy in a post in the last grade arose on 31-3-95 consequent on retirement of one Sri. Madhava Kurup. Invoking the rights under Rule 5IB Chapter XIV -A K.E.R. the petitioner, sufficiently earlier than the date of occurrence of the vacancy applied to the 2nd respondent, claiming appointment to that vacancy. The petitioner was asked to submit an application in the form prescribed which the petitioner did. la spite of that the 2nd respondent, issued Ext. P3 notification inviting application to the post including that of the class IV and Laboratory Attender. The petitioner was replied in Ext. P4 that the employees of private school do not have the benefit of the scheme for employment assistance to the dependants of those died in harness. The petitioner appraised his grievances before the District Educational Officer, Vadakkara, the 1







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