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2000 Supreme(Ker) 635

K.A.ABDUL GAFOOR
Jayarama Bhat – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K.A. Abdul Gafoor, J.

1. The petitioner was appointed by the 5th respondent Manager of an aided school admittedly as a lower grade Sanskrit teacher in the U.P.School. His services were terminated on 13-10-99 when the vacancy ceased to exist. The petitioner is thus a claimant under R.51-A Chap.14A KER. Petitioner later acquired qualification to be appointed as lower grade Hindi teacher in the U.P. School, admittedly on 9-10-2000. A vacancy of lower grade Hindi teacher arose in the school on 24-6-2000. The 6th respondent was appointed in that vacancy. Petitioner has approached this court seaking a direction to the 5th respondent to appoint the petitioner "as UPSA (Hindi) in AUP School, Kuntar" and not to approve the appointment of the 6th respondent. Petitioner further seeks a declaration that "a 51-A claimant is entitled to be appointed in similar and identical posts provided he is qualified".

2. Petitioner cannot get any of these reliefs on several reasons. First of all the petitioner had approved service only as Lower grade language teacher (Sanskrit). Therefore, the claim of the petitioner under R.51-A Chap.14A KER is against that post. It has been held in Gopalakrishnan Na







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