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2021 Supreme(Ker) 19

DEVAN RAMACHANDRAN
Priyadarsini S – Appellant
Versus
State of Kerala Represented by the Secretary to Government, General Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.S.P.Aravindakshan Pillay, Smt.N.Santha, Sri.V.Varghese, Sri.Peter Jose Christo, Sri.S.A.Anand, Smt.L.Annapoorna, Smt.K.N.Remya, Shri.Vishnu V.K., Kum.Abhirami K. Uday, Shri.Kuruvilla Sabu Christy, Advs.
For the Respondent: Sri.K.B.Arunkumar, Sri.N.Unnikrishnan, Shri.Thomas Abraham, Sri P M Manoj, (GP)

JUDGMENT :

Competing and opposing claims to the post of Principal/ Administrative Head of the Vocational Higher Secondary School, Karavaram, has led to these writ petitions being filed; with one of the main issues posed being: if a teacher, who has been on leave for more than a decade continuously, would still be eligible to stake a claim to such appointment.

2. Among the four writ petitions, W.P.(C)No. 22171/2020 has been filed by Smt.Priyadarsini S; W.P.(C)No. 22198/2020 has been filed by Sri.S.Hariharan Pillai; W.P.(C) No.23044/2020 has been filed by Smt.Sindhu B. and W.P.(C) No.27668/2020 has been filed by the Manager of the School.

3. Compendiously, the facts without dispute are that Smt.Priyadarsini was appointed as a Vocational Teacher in the School on 01.12.1995; while Sri.Hariharan Pillai was appointed as a Non Vocational Teacher on 03.02.1997. Before Sri.Hariharan Pillai had been so appointed, Smt.Sindhu was appointed as a Non Vocational Teacher (Part-Time) in the School with effect from 29.01.1996 and she asserts that she became a Non Vocational Teacher with effect from 01.07.1996.

4. While so, Smt.Priyadarsini took Leave Without Allowance (LWA) under the provisions of Appen

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