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2023 Supreme(Ker) 136

P. V. KUNHIKRISHNAN
RAMESH M. E. S/O NARAYANA KURUP – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.A. MUHAMMED, M. SAJJAD.
For the Respondents: R.K. MURALEEDHARAN, SURYA BINOY.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The petitioner, Mr. Ramesh M.E. entered service in an aided school named the Velom Higher Secondary School, Cherapuram as High School Teacher (Physical Science) on 18.07.1994. It is the case of the petitioner that, he has got continuous service from 05.06.1995 onwards. He has cleared Account Test (Lower). Going by Rules, for getting promoted to the post of Headmaster of an aided High School, 12 years graduate service is required, besides test qualifications. According to the petitioner, he is fully qualified for the promotion and appointment to the post of Headmaster. Ext .P1 is the seniority list as on 01.01.2019. In Ext.P1, the petitioner was Serial No. 12. Serial No. 2 in Ext.P1 was holding the post of Headmaster. He retired on 31.05.2022. Serial No. 3 has already retired from the service. Serial No. 4 was Smt. V.R. Ajithakumari who is the 7th respondent in this writ petition.

2. It is submitted that the 7th respondent was on Leave Without Allowance (LWA) from 02.07.1997 to 01.07.2007 to take up employment abroad. It is the case of the petitioner that for more than 10 years, the 7th respondent was on leave. It is the specific case of the petitio

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