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2021 Supreme(Ker) 1152

ALEXANDER THOMAS, VIJU ABRAHAM
Deputy Director of Education, Ernakulam – Appellant
Versus
P. A. Suhura – Respondent


Advocates Appeared:
For the Petitioner: Sri. Saigi Jacob Palatty Sr. Govt. Pleader.
For the Respondent: Sri. Saigi Jacob Palatty, Sr. Govt. Pleader.

JUDGMENT :

Viju Abraham, J.

Respondents 1 to 3 in O.A.(EKM) No.645 of 2016 before the Kerala Administrative Tribunal, Ernakulam Bench has filed the present Original Petition challenging Ext.P7 final order dated 17.10.2018 in the said Original Application.

2. Brief facts necessary for the disposal of the present Original Petition are as follows: The respondent herein/applicant in the OA entered service in the General Education Department in the year 1993 and is presently working as a Primary Departmental Teacher in the Govt. Vocational Higher Secondary School, Mathirippally near Kothamangalam in Ernakulam District. While working so, as per Annexure-A1 order, the applicant was promoted as Primary Headmistress and posted at Kuzhikkattussery Government Lower Primary School. Since she was not in a position to take up the post for personal reasons mainly due to her and her husband’s health condition, the applicant decided to relinquish her right for promotion temporarily for a period of 5 years, and therefore, she submitted Annexure-A2 application dated 03.07.2015 in this regard, in the prescribed format. After Annexure-A2 was forwarded to the Deputy Director of Education, Ernakulam through

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