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2013 Supreme(Ker) 914

Fasalu Rahiman V. Full Time Menial (F. T. M) B. T. M. Higher Secondary School – Appellant
Versus
Manager, B. T. M. Higher Secondary School Thurayoor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. P.N. Mohanan by Advocate
For the Respondents: M.A. Fayaz by Government Pleader

JUDGMENT :

Mr. C.T. Ravikumar, J.

The petitioner is working as a Full Time Menial in B.T.M. Higher Secondary School, Kozhikode on the strength of Ext.P1 order of appointment issued by the first respondent. Ext.P1 would reveal that the period of his appointment was from 4.6.2012 to 30.3.2014. Admittedly, the petitioner is still continuing in service under the first respondent. This writ petition has been filed on being aggrieved by the non-feasance on the part of the second respondent in considering Ext.P5 submitted by the petitioner raising grievances against the appointment of the third respondent as Lab Assistant alleging overlooking of his claim under Rule 51A of Chapter XIV-A of the Kerala Education Rules.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader. True that the petitioner has raised grievances in Ext.P5 posing himself as a 51A claimant. Normally, this Court, in such circumstances, would direct that authority before whom it is pending to consider the same and pass appropriate orders. I ween that such a course of action is uncalled for as the issue involved is no more res integra and the settled position is against the petitioner. The



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