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2012 Supreme(Ker) 377

C.N.RAMACHANDRAN NAIR, C.K.ABDUL REHIM
P. K. Sreelekha – Appellant
Versus
B. K. Manoj – Respondent


Advocates Appeared:
For the Petitioners:V.A. Muhammed, K.E. Hamza, Advocates.
For the Respondents:R1 - R.S.P. Aravindakshan Pillay, R2 To R5 - Liju Stephen, Govt. Pleader, R6 - Benny Gervacis, Advocates.

Judgment :-

Ramachandran Nair, J:

1. The question raised in the connected appeals is one and the same. Therefore we heard both the cases together and proceed to dispose the same by this common judgment. Parties arrayed and documents referred to are those in W.A No.978/2012. The 1st respondent in the writ appeal was appointed by the 6th respondent in their school in an additional division vacancy on regular basis on 12-07-2004. Even though appointment was on regular basis on monthly pay the educational authorities declined to approve the appointment for the reason that Ext.R6(b) Government order dated 15-06-2004 prohibits appointment of teachers for less than one academic year on a regular basis and the Government order permits such appointment on daily wage basis only. After the 1st respondent's appointment was approved by the Government on daily wage basis, a vacancy arose on 02-06-2008 which was filled up by the Manager. This was questioned by the 1st respondent in this court contending that he is entitled to priority in appointment based on Rule 51A Chapter XIV A of Kerala Education Rules which was accepted by the learned single Judge declaring that the 1st respondent was entitle










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