P.B.SURESH KUMAR, C.S.SUDHA
State Of Kerala – Appellant
Versus
Manager, Niduvaloor A. U. P. School – Respondent
JUDGMENT :
P.B.Suresh Kumar, J.
This appeal is directed against the judgment dated 07.02.2019 in W.P.(C) No.38875 of 2015. The appellants are the respondents in the writ petition. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in the writ petition.
2. The first petitioner is the Manager of an aided Upper Primary School. He appointed petitioners 2 and 3 in the school as Upper Primary School Assistants on 04.06.2004 and 07.01.2005 respectively. The Educational Officer declined to approve the appointments of petitioners 2 and 3 on the ground that they were made overlooking the superior claims of two other teachers namely, Smt.K.K.Sathi and Smt.K.Thankamani under Rule 51A of Chapter XIVA of the Kerala Education Rules (the Rules), framed under the Kerala Education Act (the Act).
Even though the Manager appointed Smt.K.K.Sathi later on 04.10.2005, Smt.Thankamani was not appointed. Smt.Thankamani, in the circumstances, filed W.P.(C) No.27067 of 2007 before this Court, and in terms of Ext.P1 judgment dated 9.1.2012, this Court directed the Manager to appoint Smt.Thankamani against the vacancy in which the second petitioner was appointed on 04
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