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2015 Supreme(Ker) 787

A.K.JAYASANKARAN NAMBIAR
NIYAS K. – Appellant
Versus
STATE OF KERALA – Respondent


Advocate Appeared:
For the Petitioner:Sri. S.P. Aravindakshan Pillay, Smt. N. Santha, Sri. K.A. Balan, Sri. Peter Jose Christo, Sri. S.A. Anand and Smt. L. Annapoorna, Advocates.
For the Respondent: Sri. Kaleeswaram Raj and Smt. M.J. Rajasree, Government Pleader.

JUDGMENT

A.K. JAYASANKARAN NAMBIAR, J.

1. Since the issue involved in both these writ petitions is the same they are taken up for consideration together and disposed by this common judgment. For the sake of convenience, the reference to the facts and the exhibits is from W.P. (C) No. 4572 of 2012.

2. The petitioner was appointed as UPSA in the School under the management of the 4th respondent. It would appear that the mother of the petitioner was an Arabic teacher in the same School and she died while in service on 03.06.1997. The petitioner, therefore, became entitled to claim appointment under the School by virtue of Rule 51B of Chapter XIV A of KER. Accordingly, the petitioner applied for an appointment before the 3rd respondent District Educational Officer. The 3rd respondent, in turn, directed the 4th respondent Manager to consider the claim of the petitioner. This was by Ext.P1 order dated 16.08.2005. Consequent to the said direction, the 4th respondent Manager by Ext.P2 order dated 01.06.2009 appointed the petitioner as UPSA in the leave in a vacancy that arose for the period from 01.06.2009 to 31.03.2010. Apparently, the 5th respondent was also appointed as UPSA in another l




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