JUDGMENT

Dated this the 29th day of January 2021 The petitioner, who is stated to have been working as an Upper Primary School Teacher (UPST) in “MSM Higher Secondary School,” Kayamkulam, at the time when this writ petition was filed (he has since retired on attaining the age of superannuation), submits that he was appointed in the vacancy consequent to the promotion of a teacher by name Smt. Susan Abraham, as a Rule 51A claimant, since his earlier broken spells of service in the School in the years 1993 and 1996 had been approved.

2. The petitioner alleges that, however, his appointment on 12.08.1996 was not approved by the competent Educational Authority on the ground that a senior teacher by name Sri. N.Sreekumar, a Lower Primary School Teacher (LPST), had been thrown out on account of fall in divisions, but not reaccommodated.

3. The petitioner says that, he, therefore, approached this Court by filing a writ petition, namely O.P No.280/1997, asserting that since Sri. N.Sreekumar is only an LPST, he cannot be adjusted against the available post of UPST and that the said Original Petition was disposed of through Ext.P2 judgment, directing the District Educational Officer (DEO), to