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2009 Supreme(Ker) 191

K.SURENDRA MOHAN, K.BALAKRISHNAN NAIR
A. K. Vasantha – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Smt. V.P. Seemandini (SR.), Advocate. For the Respondents:
P.N. Ravindran,

Judgment :-

Balakrishnan Nair, J.

The writ petitioner is the appellant and the respondents in the writ petition are the respondents herein. The point that arises for decision in this Writ Appeal is whether a claim under Rule 51A of Chapter XIV-A of the Kerala Education Rules (K.E.R.) will be lost, if the claimant gets appointment in another school, though the said appointment was not approved by the competent authority for want of qualification and as a result, the incumbent was thrown out of that employment.

2. The brief facts of the case are the following: The appellant was duly qualified for appointment to the post of Upper Primary School Assistant (U.P.S.A.). The 3rd respondent, who is the Manager of A.U.P.S., Padinjarathara, appointed the appellant in his School as U.P.S.A in a leave vacancy on 6.2000. She was retrenched from service on the termination of the leave vacancy on 110.2000. The said appointment was duly approved by the 2nd respondent Assistant Educational Officer

(A.E.O.), Vythiri. By virtue of Rule 51A of Chapter XIV-A of the K.E.R., which deals with the right of retrenched teachers concerning preference for appointment in future vacancies, the appellant had a cla



































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