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2011 Supreme(Ker) 167

S.SIRI JAGAN
P. Meenakshikuty – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:K.T. Shyamkumar, Advocate. For the Respondents:V.A. Muhammed, Advocate.

Judgment :

1. The bone of contention between the petitioner and the 3rd respondent in this case is the post of headmaster in the A.M.M. Upper Primary School, Vadavannur, a complete aided U.P. school, the manager of which is the 4th respondent. The petitioner entered approved service of the said school as a full time Sanskrit teacher on 2-6-1981. During the academic year 2002-03, there was no sufficient student strength for a full time post of Sanskrit teacher, but the petitioner was given the benefits of a full time teacher, by virtue of clause (vi) of G.O. (MS) 62/73S. Edn. dated 2-5-1993 [which is produced as Ext. R1(b) along with the counter affidavit of the 1st respondent]. She was the senior-most among all the teachers of that school. The 3rd respondent is a graduate teacher in the school. The post of headmaster of the school fell vacant on 1-4-2006. The 4th respondent appointed the petitioner as the headmistress and forwarded the appointment order to the 2nd respondent for approval. By Ext. P2 order, the 2nd respondent-Assistant Educational Officer refused approval for the appointment of the petitioner as headmistress on three grounds, viz. "(1) there was no approved seniority






































































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