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1987 Supreme(Ker) 546

MALIMATH, BHASKARAN NAMBIAR
KESAVA KURUP – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This appeal is by five teachers of Upper Primary N.S.S. School, Pannoor, Karimannoor, challenging the judgment of the learned single judge in O.P. No. 3684 of 1981. The Educational Agency which owned the school in which the appellants are serving, viz., N.S.S. School, Pannoor, transferred the school to another Educational Agency. Nair Service Society, Perunna, Changanacherry. Whereas N.S.S. School, Pannoor, Karimannoor had only one school, Nair Service Society, Perunna, Changanacherry has more than one school. The appellants opposed the transfer on the ground that their interests would be adversely affected. They placed reliance on R.SA of Chapter III of the Kerala Education Rules, (hereinafter referred to as the Rules). The principal contention of theirs was that their seniority would be affected and they would become liable to transfer to other schools. Their objections were overruled by the State Government as per Ext.P9 dated 24-9-1981. The State Government held that the objections of the appellants are not valid. The transfer thus stood sanctioned. Hence the appellants came to this Court for appropriate relief challenging Ext. P9. The learned single judge having










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