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2009 Supreme(Ker) 298

K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS
K. Unni Narayanan – Appellant
Versus
State Of Kerala, Represented by Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners:K. Ramakumar (Sr.), T. Ramprasad Unni, Smitha George, Advocates. For the Respondents: Government Pleader.

Judgment:-

Balakrishnan Nair, J.

In these writ petitions, the petitioners challenge G.O.(P) No. 104/08/G.Edn. dated 10.6.2008, to the extent it directs that if the term of appointment of an incumbent does not extend to one academic year, even if the duration of the vacancy, in which, he/she is appointed, is one academic year or more, his/her appointment shall be approved only on daily wage basis. According to the writ petitioners, the above direction contained in the aforementioned Government Order runs counter to the statutory rules in the Kerala Education Rules (for short the K.E.R.). W.P.(C) No. 2563 of 2009

2. This case is treated as the main case for referring to the exhibits. In the 4th respondents Higher Secondary School, a vacancy in the cadre of High School Assistant (H.S.A.) (English) arose, as a result of grant of leave to one Shri. Shinoj T. Elias, H.S.A. (English) from 8.7.2008 to 7.2013. The writ petitioner, Ms. Sneha Cherian, was appointed in that vacancy on 10.2008 and the period of her appointment will expire only on 7.2013. The Manager forwarded the said appointment order for approval to the District Educational Officer (D.E.O.). But, the D.E.O. approved the said a

















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