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2011 Supreme(Ker) 852

T.R.RAMACHANDRAN NAIR
P. K. High School – Appellant
Versus
State of Kerala – Respondent


Appearing Advocates:
For the Petitioner:K. Sajan Varghese & M.P. Liju, Advocates.
For the Respondent: Nisha Bose, Government Pleader.

Judgment :-

1. The first petitioner is the Manager of a High School and petitioners 2 to 5 are teachers working therein. As the proposal for approval of appointment of the teachers stands rejected, the Writ Petition has been filed. Ext.P7 is the order under challenge. The reason stated therein to reject the approval is that the Manager has to absorb a protected teacher in the high school section, as it is newly upgraded one.

2. Petitioners 2 and 4 have been appointed by promotion from the post of U.P.S.A. as H.S.A (Physical Science) and H.S.A. (Natural Science). The said vacancies arose when Shri V.Sivan, H.S.A. (Physical Science) retired on 30.6.2008 and Shri A.K. Sreekumaran, H.S.A. (Natural Science) retired on 31.3.2009. In the consequential vacancies petitioners 3 and 5 have been appointed as U.P.S.As. with effect from 1.7.2008 and 1.6.2009 respectively.

3. The petitioners’ case is that petitioners 2 and 4 are claimants for promotion under R.43 of Chapter XIV-A K.E.R. Various Government Orders providing for absorption of protected hands are specific that the same is subject to the right of claimants under Rr.43 and 51 A. Exts.P8 to P17 are relied upon in this context. It is sub



























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