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2012 Supreme(Ker) 554

C.K.ABDUL REHIM, C.N.RAMACHANDRAN NAIR
E. A. Sreesan – Appellant
Versus
Manager, P. M. S. A. High School, Elamkur, Malappuram District – Respondent


Advocates Appeared:
For the Petitioners:M.R. Anison, Advocate.
For the Respondents: R2 & R3 - Liju Stephen, Sr. Government Pleader.

JUDGMENT

Abdul Rehim, J.

1. All these three appeals arise out of a common judgment of the Single Judge. Appellant in these three cases is the party respondent in all three writ petitions. For the sake of convenience, parties are described as in the order in Writ Appeal No.304/2012.

Question arising for consideration is as to whether relinquishment of a claim for promotion made by the first respondent will operate as a permanent bar for promotion in the future arising vacancies.

2. The 1st respondent was appointed as Peon in the 5th respondent's school during the year 1986. When vacancy of a Clerk arose in the year 1993, he submitted relinquishment of promotion, to the Manager. In the year 2006 when another vacancy of Clerk arose due to retirement of one Smt. Radha, Ext.P1 letter withdrawing the relinquishment was submitted by the 1st respondent and he claimed promotion. The Manager accepted the withdrawal of relinquishment and promoted the 1st respondent. The appellant herein, who is admittedly junior to the 1st respondent appointed in the post of Full-Time Menial, objected the promotion. The educational authorities have not approved appointment of the 1st respondent. The Director o









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