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2013 Supreme(Ker) 958

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
K. Vinayaraj – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Cibi Thomas, Advocate.
For the Respondents: P.T. Antony and Noble Mathew (Sr., GP).

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. These writ appeals are by the manager of an aided school. The contesting respondent is the appellant's niece who was a teacher in that school, having worked in that capacity in a leave vacancy from 07/10/1998 to 07/12/1998. At that point of time, it was the appellant's mother who was the manager of the school. That spell brought home to the teacher a claim referable to Rule 51-A of Chapter XIV-A of KER which gives preference as regards appointment to subsequent vacancies. Going by the materials on record by way of pleadings, including representations etc., it appears that the teacher got married and moved to Madhya Pradesh sometime in 1994-95 immediately after her spell of work against the leave vacancy. Thereafter, another leave vacancy arose on account of a teacher K.Sudharani availing maternity leave. The manager, on the premise that the teacher before us had relinquished her claim under Rule 51-A of Chapter XIV-A of KER, appointed yet another person against that vacancy. The teacher was not offered any other appointment as against any vacancies that arose thereafter.

2. We see that there were some earlier writ petitions. Ultimately, th








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