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2016 Supreme(Ker) 368

A.K.JAYASANKARAN NAMBIAR
PHILOMINA GEORGE, FULL TIME MENIAL, ST. JOSEPHS HIGH SCHOOL FOR GIRLS, ALAPPUZHA – Appellant
Versus
DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM – Respondent


Advocates Appeared:
For the Petitioner: SRI. B. PRAMOD, ADV.
For the Respondent: SRI. R. RANJITH, GOVERNMENT PLEADER, SRI. V.A. MUHAMMED & SRI. V. RAJASEKHARAN NAIR, ADVS.

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. The petitioner in the writ petition is working as a full time menial (hereinafter referred to as FTM) in the school under the management of the 3rd respondent. She was appointed as a FTM with effect from 06.12.1999. The appointment of the petitioner was duly approved by the Educational authorities as well. The promotion post for FTM’s in the school is that of a Peon/Office Assistant. The promotions are to be effected on the basis of seniority and, in the absence of any candidate for promotion, the post can be filled up by direct recruitment. It is stated that in the seniority list of FTM’s maintained in the school, the petitioner is currently ranked 2nd.

2. It would appear that a vacancy to the post of Peon/Office Assistant arose, consequent to the retirement of one James in September 2014. Instead of seeking the willingness of persons, such as the petitioner, who were in the feeder category for promotion, the 3rd respondent Manager proceeded to fill up the vacancy through direct recruitment of the 6th respondent. The said appointment of the 6th respondent was also approved by the 2nd respondent after noting that all the 66 FTM’s working und










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