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2024 Supreme(Ker) 1393

SAIJU ZACHARIAH, WIFE OF RENJI T. JOSEPH – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT – Respondent


Advocates Appeared:
For the Parties : V.A. MUHAMMED, M. SAJJAD, SRI.PHILIP MATHEWS, SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.TONY GEORGE KANNANTHANAM, GOVERNMENT PLEADER, V.PHILIP MATHEW.

JUDGMENT :

HARISANKAR V. MENON, J.

These connected writ petitions are filed by a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules, 1959 (‘KER’ for short) and the Manager of the School in which the claimant was originally working. (For convenience, the parties and Exhibits are referred to, as described in W.P.(C) No.20700of2019)

2. The petitioner had joined the service in the 5th respondent School as an HSA (Natural Science) as per Ext.P1. In the year 2007, the petitioner had to be retrenched from service on account of a division fall and therefore, she became entitled for the benefits under Rule 51A, Note-2, Chapter XIVA of KER. Thereafter, she is working as Cluster Coordinator, by virtue of certain packages formed by the Government.

3. During the year 2012, in the month of July, there arose a vacancy in the 5th respondent School in the cadre of UPSA. Against the said vacancy, the 7th respondent stood appointed from the open market. Thereupon, the said appointment had to be approved by the District Educational Officer -the 4th respondent. When the said application for approval reached the 4th respondent, by Ext.P3, the 4th respondent rejected the said approval,

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