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1985 Supreme(Ker) 290

V.SIVARAMAN NAIR
PATHUMMA – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner was working as Arabic teacher in the school managed by the fifth respondent in two spells from 2-6-1975 to 28-8-1975 and from 21-7-1976 to 19-1-1977 when the permanent Arabic teacher Shri Abdul Rahman was on leave. The teacher retired from service on 30-6-1983 resulting in a vacancy with effect from 1-7-1983 in the post of Arabic teacher. Petitioner claimed preference for appointment in representations addressed to the Manager and the Assistant Educational Officer on the basis of R.51-A of Chapter XIV-A of the Kerala Education Rules. Since those representations were not disposed of, she filed OP. No. 6593 of 1983 and obtained a judgment directing the Assistant Educational Officer to dispose of that representation. In the meantime, the sixth respondent was appointed by the fifth respondent-Manager in that vacancy with effect from 1-7-1983.

2. Pursuant to the directions contained in the judgment in OP. No. 6593 of 1983, the Assistant Educational Officer conducted an enquiry with notice to the Manager, and passed Ext. P1 order dated 6-12-1983 refusing to approve the appointment of the sixth respondent for the reason that the petitioner had a claim for pref









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