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1963 Supreme(Ker) 236

M.MADHAVAN NAIR, M.S.MENON
MUSALI GUPTAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The appellant was the Headmaster of an aided Lower Primary School at Mangalamkunnu. The 2nd respondent contended before the Director of Public Instruction that he was the legitimate claimant to that post. The contention was not accepted.

2. The 2nd respondent then took up the matter before the Government and Ext. P2 is the order passed in his favour and impugned by the appellant without success in O. P. No. 118 of 1962. Ext. P-2 reads as follows:

"In his petition read as first paper above Shri Gopalan Nair (2nd respondent) has submitted before Government that he is the legitimate claimant to the post of Headmaster of the A. L. P. S. Mangalamkunnu, Ottapalam, Palghat which is now held by Shri Musali Guptan (appellant). He has stated that his case was represented before the departmental authorities including the D. P. I. and that the D. P. I. issued orders to the effect that Shri Musali Guptan (appellant) may continue to act as Headmaster in the said school. Shri Gopalan Nair (2nd respondent) in his petition appealed to Government that the above order of the D. P. I. may be re-examined.

2. Government have considered his appeal and carefully examined the whole case. It is










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