P. V. KUNHIKRISHNAN
Hakkeem K. – Appellant
Versus
District Education Officer, Malappuram – Respondent
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
A teacher who quits service loses entitlement to benefits under Rule 51A of the Kerala Education Rules, 1959.
Important points:The appellant had rendered service in the leave vacancy for the period between 27.10.1986 and 30.9.1991 which was the period covered by his appointment letter as approved by the Educ....
Services of leave substitutes will be regularized against the first arising permanent/regular vacancy in the respective schools in the order of seniority
The main legal point established in the judgment is that promotions are to be made from persons possessing the prescribed qualifications at the time of occurrence of the vacancy, and the interpretati....
Right to preferential appointment envisaged therein accrues only to a teacher who has been “relieved” in any of the circumstances mentioned in the Rule.
a teacher who has obtained a right to preferential appointment to future vacancies in identified posts, based on past service rendered in a teaching post in the school prior to retrenchment therefrom....
Exemptions from K-TET qualifications are not indefinite; adherence to current regulations is mandatory for teacher appointments.
The manager's discretion in teacher appointments is subject to established preference rights under the Kerala Education Rules.
Employment - Rule 51B was introduced in statute book - After the introduction of said Rule, a liability is cast on Managers to give employment to a dependent of an Aided School teacher or a member of....
Appointments must comply with stipulated qualifications; hence, prior erroneously granted approvals may be reversed to ensure adherence to legal standards.
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