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2022 Supreme(Online)(KER) 24596

HIGH COURT OF KERALA
BINDHU . C.K – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Petitioner, with effect from 01.06.2019, was appointed as Upper Primary School Assistant now Teacher in L.M.S. U.P School, Parasuvaykal against the promotion vacancy of Smt.K.S.Selin Margret as Head Mistress. The Corporate Manager - 5th respondent vide Ext.P1 sent a proposal for approval of the appointment to the Assistant Educational OfÏcer, respondent No.4. However, the aforementioned proposal was rejected vide communication dated 23.12.2019 Ext.P3. The prime reason for rejecting was on account of non publishing of the seniority list.

2. The aforementioned order was assailed by the Corporate Manager by preferring an appeal under Rule 8(5) of Chapter XIV of the Kerala Education Rules, 1959 before the District Educational OfÏcer, Neyyattinkara. The same was also rejected vide order dated 29.09.2020 Ext.P4. As per the provisions of Rule 8(A) of Chapter XIV of KER statutory remedy of revision has been preferred by the 6th respondent much less the petitioner. However, during the pendency of the revision petition vide order Ext.P8 dated 11.02.2021 6th respondent - S.K.Stari Pushpam in place of the petitioner was appointed as Teacher. Being aggrieved of non-payment of the salary

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