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2023 Supreme(Ker) 199

P. V. KUNHIKRISHNAN
Hakkeem K. – Appellant
Versus
District Education Officer, Malappuram – Respondent


Advocates Appeared:
For the Petitioner: Augustine Joseph, Sri. K.S. Rockey, Sri. Tony Augustine, Sri. George Renoy.
For the Respondent: Smt. Nisha Bose SR.GP.

JUDGMENT :

These writ petitions are connected; therefore, I am disposing of these writ petitions by a common judgment. First, I will narrate the facts in WP(C) No. 5691 of 2019.

2. The petitioner in this case, Sri. Hakkeem K. was appointed as the High School Assistant (English) (in short, 'HSA') on 27.07.2011 in a leave vacancy that occurred consequent to the leave availed by Sri. Abdul Nazar K., for a period from 27.07.2011 to 31.03.2013. However, this appointment was approved by the 3rd respondent, The District Educational Officer only on 16.07.2016. Ext.P1 is the appointment order. Later, the leave was extended by Sri. Abdul Nazar for a period from 03.06.2013 to 31.05.2014 and thereafter from 02.06.2014 to 31.05.2015. Hence the petitioner was again appointed in the extended leave period of Sri. Abdul Nazar. Since the appointment of the petitioner in the leave vacancy was not approved, it is the case of the petitioner that he made a request on 31.12.2014 to the 4th respondent, Manager, stating that he may be permitted to join duty on a permanent vacancy in the school. Ext.P2 is the request made by the petitioner. In Ext P2, the petitioner, in effect, requested the Manager to allow

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