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2013 Supreme(Ker) 813

MANJULA CHELLUR, K.VINOD CHANDRAN
STATE OF KERALA – Appellant
Versus
HASEENA, S. – Respondent


Advocates Appeared:
For the Appellant : V.A. Muhammed
For the Respondent: S. Subash Chand, Sri Shindo Varghese, Sri E.S.M. Kabeer, Sri V.A. Muhammed

JUDGMENT :

Manjula Chellur, J.

These two Writ Appeals are taken up for consideration together, as they arise out of a common judgment dated 4-8-2011 of the learned Single Judge. It is not in dispute that the party respondents/writ petitioners were appointed against a clear vacancy as early as in 2005 as High School Assistants in Mathematics and Natural Science. It is also not in dispute that though they were appointed as early as in 2005, approval of their appointments came to be done only with effect from 1-6-2010. The grievance of the writ petitioners was, as they were appointed against a regular vacancy by the Manager of the respondent School, for no fault of theirs, there cannot be postponement of their approval from the actual date of appointment in the year 2005. So far as the stand of the Government was, as and when the vacancy arises or in the vacancy already existing, the Manager should appoint atleast one protected teacher in the vacancy, therefore, according to the stand of the Government, in the absence of not appointing protected teachers, approval of appointment of regular teacher has to be postponed and it can only be from the date on which a protected teacher is appoi


















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