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2021 Supreme(Online)(KER) 45578

HIGH COURT OF KERALA
A.M.SHAFFIQUE, GOPINATH P, JJ
C.N.SANTHAKUMARI AMMA – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.A.MUHAMMED,SRI.M.SAJJAD
For the Respondents: SRI.S.A.ANAND,SRI.AJ. VARGHESE – SR.GOVERNMENT PLEADER,SRI.PETER JOSE CHRISTO, SMT.N.SANTHA,SRI.K.V.VIMAL,SRI.S.P.ARAVINDAKSHAN PILLAY

Table of Content
1. eligibility for headmaster promotion under education rules. (Para 2 , 3)
2. contradictions in interpreting full-time benefits for service counting. (Para 4 , 5)
3. clarification on statutory authority of educational service promotion. (Para 8 , 9)
4. conclusion on dismissing petition for promotion rights. (Para 10)

JUDGMENT

[ WP(C).18494/2009, WP(C).18042/2010 ]

Dated this the 20th day of January 2021

Gopinath, J.

W.P.(C)No.18494/2009 has been placed before the Division Bench on account of an order of reference dated 15.3.2018 of a learned Single Judge of this Court, noticing that there is a conflict of opinion in as much as the view taken by a learned Single Judge of this Court inLalitha v. State of Kerala ; 2008(1)KLT 416 was not followed inMeenakshikutty v. State of Kerala; 2011 (1) KLT 1032 on the premise that the view taken inLalitha (supra) was contrary to the judgment of a Division Bench in Sreeramachandran v. State of Kerala ; 2002 (2) KLT 428. The learned single Judge noticed the fact thatLalitha's case (supra) was affirmed (afterMeenakshikutty (supra) was decided) by a Division Bench in W.A.No.2892/2007. The connected Writ Petition, namely, W.P.(C)No.18042/201

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