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2009 Supreme(Ker) 313

K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS
Jayasree T. (former HSST OF ZHS School) – Appellant
Versus
Director of Higher Secondary Education – Respondent


Advocates Appeared:
For The Petitioners:N. James Koshy, Advocate. For The Respondents:O.V. Radhakrishnan (Sr.), Advocate.

Judgment :-

Balakrishnan Nair, J.

The writ petitioner is the appellant. The respondents were the respondents in the Writ Petition. The point that arises for decision in this appeal is whether a Higher Secondary School Teacher (for short "H.S.S.T.") relieved on termination of vacancy is entitled to get re-appointment, when a vacancy arises in that cadre in future.

2. The brief facts of the case are the following: The appellant is a post-graduate in Sociology with 50% marks. She has acquired B.Ed. degree also. She is duly qualified for appointment as H.S.S.T in Sociology. By Ext.P3 order, she was appointed in a leave vacancy in the 2nd respondents School, for the period from 210.2000 to 33.2001 (5 months). She was selected by a duly constituted selection committee and her appointment as H.S.S.T (Part-time -now called Junior) by the Manager of Zamorins Higher Secondary School, Kozhikode was approved, in the time scale of pay of Rs.5500 - 9075, by the Director of Higher Secondary Education. On termination of that vacancy, she was retrenched. She was again appointed as H.S.S.T (Junior) in Sociology from 7.2003 to 31.2004 (7 months). The said appointment was also approved by the Director







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