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2022 Supreme(Ker) 501

DEVAN RAMACHANDRAN
LINSON THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: KALEESWARAM RAJ, VARUN C. VIJAY, A. ARUNA, THULASI K. RAJ, MAITREYI SACHIDANANDA HEGDE.
For the Respondents: M. SASINDRAN, I.V. PRAMOD, RESMI THOMAS.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioner was appointed as an Assistant in the services of the Kannur University, by creating a supernumerary post to accommodate him, on the strength of Ext.P2 Government Order dated 07.08.2013, which provides for such a benefit to persons who are physically disabled and who had been appointed initially through the employment exchange for a period of less than 180 days.

2. The petitioner says that he was initially appointed for 179 days in the Police Department, but that when he obtained an opportunity with the Kannur University, he resigned his job and joined it, which was accepted through Ext.P4 order of appointment dated 20.12.2013. He says that, subsequently, when a regular vacancy arose, the University issued Ext.P5 order appointing him to it, acting under the provisions of Article 69(C) of Chapter IV of Volume I of the Kerala Financial Code and that his probation was also thereafter declared. He says that, however, in the meanwhile, the Government brought out another order dated 03.02.2016, a copy of which is on record as Ext.P7, whereby, a clarification is made to Ext.P2 saying that persons who are appointed on supernumerary posts will

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