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2008 Supreme(Ker) 315

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
T. N. Sandhya – Appellant
Versus
Jalaja Kumari – Respondent


Advocates Appeared: For the Appellant:O.D. Sivadas, George Poonthottam, T R. Ravi, S. Shaji, Advocates. For the Respondents:M.V. Thampan, Advocate, Benny Gervacis, Government Pleader.

Judgment :-

Ravindran, J.

These writ appeals arise from the judgment of the learned Single Judge in W.P. (C) No.26810 of 2007. They were therefore heard together and are being disposed of by this judgment. The appellant in W.A. No.455 of 2008 is the fifth respondent and the appellant in W.A. No.461 of 2008 is the first respondent in the Writ Petition. The first respondent in both the appeals is the writ petitioner. For the sake of convenience, the parties are referred to as they are arrayed in the writ petition. The main question that arises in these Writ Appeals is as regards the effect of the amendments introduced in Rules 43 and 51A of Chapter XIV A of the Kerala Education Rules, 1959, hereinafter referred to as the "K.E.R." for short on the rights of a teacher thrown out of service vis-à-vis, a teacher in service awaiting promotion to the higher post. The brief facts are as follows:

2. Thewrit petitioner possesses B.Sc. degree in Chemistry, M.A. degree in Malayalam and B.Ed. degree in Physical Science. The fifth respondent possesses B.A. degree in Malayalam and B.Ed. degree in Malayalam. The writ petitioner was initially appointed as U.P.S.A. by the first respondent/Manager as p




















































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