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2011 Supreme(Ker) 110

C.N.RAMACHANDRAN NAIR, B.P.RAY
M. Krishnakumar – Appellant
Versus
P. Kunhiraman – Respondent


Advocates Appeared:
For the Appellant:S. Sujin, Babu Joseph Kuruvathazha, T.K. Biju (Mamjinkara), Advocates.
For the Respondents: T.B. Ramani, Government Pleader.

JUDGMENT :-


Ramachandran Nair, J.

The connected appeals are filed against the same judgment of the learned single Judge. We have counsel appearing for the appellant in both the cases and the counsel for the respondents.

1. We proceed to decide the matter with reference to the parties and the documents referred to in Writ Appeal 1344/10 which is filed by the manager of the school. The appellant appointed the first respondent as a Hindi teacher in the high school run by the appellant on 20.6.1991. However, within two years, that is on 15.7.1993, the first respondent got retrenched on account of fall in division of the school. Since the first respondent worked in the school for two years, he was entitled for appointment in the next arising vacancy under Rule 51A of Chapter XIV-A of the Kerala Education Rules. The next regular vacancy arose in June, 1996 and at that time the first respondent filed a relinquishment letter to the appellant stating that in the vacancy arising to which he has claim under Rule 51A, his wife who is also qualified to be appointed as a Hindi teacher may be appointed. Based on the relinquishment letter by the first respondent and the application submitted by hi



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