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2022 Supreme(Ker) 807

RAJA VIJAYARAGHAVAN V.
RESHMI R. CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.P. ARAVINDAKSHAN PILLAY, N. SANTHA, V. VARGHESE, PETER JOSE CHRISTO, S.A. ANAND, K.N. REMYA, L. ANNAPOORNA, ABHIRAMI K. UDAY, KURUVILLA SABU CHRISTY, VISHNU V.K.
For the Respondents: V.N. SANKARJEE, V.N. MADHUSUDANAN, R. UDAYA JYOTHI, M.M. VINOD, M. SUSEELA, KEERTHI B. CHANDRAN, M. NITHEESH, C. PURUSHOTHAMAN NAIR, ANIMA, VIJAYAN PILLAI P.K.

JUDGMENT :

1. W.P. (C) No. 17999/2021 is filed by Smt. Reshmi R Chandran seeking a declaration that she is entitled to be appointed in the first vacancy that has arisen in the Vocational Higher Secondary School, Chathiyara, in the posts to which she is qualified in view of the declarations made by this Court and the consequent orders issued by the Government. She has also sought for issuance of directions to the official respondents to initiate action against the Manager in terms of the KER for non-complying with the directions.

2. W.P. (C) No. 26192 of 2021 is filed by the Manager, seeking to quash the orders issued by the educational authorities directing the Manager to appoint Resmi R. Chandran in view of her statutory right under Rule 51B of the KER to the next arising vacancy.

3. Since common issues are involved, both these cases are taken up and disposed of by a common judgment.

4. Brief facts are as outlined below:

    (a) Smt. R. Remadevi Amma, the mother of Reshmi R Chandran, the petitioner in W.P. (C) No. 17999 of 2021, while working as HSA in the VHSS Chathiyara, managed by the 5th respondent, died in harness on 29.01.1989. Remya R. Chandran and the petitioner herein are her chil

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