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2011 Supreme(Ker) 1145

T.R.RAMACHANDRAN NAIR
Ciji P Jose – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

T.R. Ramachandran Nair, J.

1. The petitioner is a claimant under Rule 51A of Chapter XIV-A K.E.R. Her initial appointment was for the period from 20.10.2003 to 2.3.2004 which was approved by Ext.P1 order. In a later vacancy which arose from 3.3.2004 to 30.3.2004 also, the petitioner was continued and the same has also been approved as per Ext.P2. One Smt.V.V. Sukumari, L.P.S.A. retired from service on 31.3.2007 and the Manager appointed the petitioner against that vacancy with effect from 1.6.2007 recognising her claim under Rule 51 A, as per Ext.P4 order. The petitioner is accordingly continuing in service.

2. The approval of the same was declined by Ext.P5 order on the reason that the vacancy in an uneconomic school should be filled up only by a protected teacher. The appeal submitted by the Manager was rejected by the District Educational officer as per Ext.P7 order. Again, in the next year also, the petitioner's proposal for approval was rejected by the Assistant Educational Officer as per Ext.P8 order. The main reason for the rejection of the proposal is that the vacancy in an uneconomic school can be filled up only by protected teachers. Ext.P10 is the circular issued b





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