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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
Reshmi N., W/o. Aswin M.R. – Appellant
Versus
State of Kerala, Rep. By Secretary To General Education Department – Respondent
| Table of Content |
|---|
| 1. status of parties and prior appointments (Para 1 , 2 , 3) |
| 2. petitioner's further submissions and revisions (Para 4 , 5 , 6) |
| 3. affidavits regarding appointment conflicts (Para 7 , 8 , 9 , 10 , 11) |
| 4. counter-arguments by respondents regarding petitions (Para 12 , 13 , 14) |
| 5. examination of inconsistencies surrounding ext.p18 (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. court's directions and orders to reconsider (Para 22 , 23) |
JUDGMENT :
T.R. RAVI, J.
These two writ petitions relate to the same issue and are heard and disposed of together. The status of the parties and the exhibits referred to is as stated and produced in W.P.(C)No. 12105 of 2021.
2. One M.Ramachandran, who was working as a teacher in MAM UP School, retired on 30.4.2015. On 1.6.2015, Smt.Jyothi was appointed as UPSA by the Manager. On the same day the 6th respondent is stated to have been appointed as LPSA in an additional vacancy which had been sanctioned, as per Ext.R6(a). Smt.Jyothi resigned from the school on 10.7.2015. The petitioner was appointed as a UPSA at the MAM UP School, in the retirement vacancy of Sri. Ramachandran, with effect from 29.07.2015, as seen from Ext.P1 proposal. The AEO, Kunnaman
Services of leave substitutes will be regularized against the first arising permanent/regular vacancy in the respective schools in the order of seniority
The provisions of the Kerala Education Rules govern appointments, and while familial claims exist, they do not override statutory norms for educational appointments.
An employee’s prior approved status and promotions must be acknowledged despite subsequent legal disputes or administrative changes unless explicitly altered by prospective governmental orders.
The judgment establishes that decisions affecting rights must involve the parties concerned, ensuring fairness in administrative actions.
The central legal point established in the judgment is that the petitioner, as a teacher in a private school, was entitled to receive salary and continuity of service for the period she worked, and t....
Appointments must comply with stipulated qualifications; hence, prior erroneously granted approvals may be reversed to ensure adherence to legal standards.
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
The relevant date for assessing the qualifications of the candidates is the date of creation of the post by the Government, and the prospective application of the post creation is illegal and unsusta....
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