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2026 Supreme(Online)(Ker) 584

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
JINU VARGHESE – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.A.MUHAMMED, SRI.M.SAJJAD
For the Respondents: SRI.V.RENJITH KUMAR, SRI.K.S.BHARATHAN, SRI.AADITHYAN S.MANNALI, SRI.ALPHIN ANTONY, SRI.JISHNU P.P., SMT.RADHIKAKRISHNA, SRI.MOHAPRASEED MOHAN, SRI.ADARSH SANJEEVAN, SMT.SONY K.B., GOVERNMENT PLEADER

Table of Content
1. background of employment and appointments. (Para 1 , 2)
2. claims for preferential treatment in reappointment. (Para 3 , 4)
3. challenges to administrative decisions and procedural considerations. (Para 5 , 6)
4. arguments on legality of decisions affecting employment. (Para 7 , 8)
5. court's directive for future considerations. (Para 9)

JUDGMENT

Dated this the 6th day of January, 2026 The petitioner states that he was appointed as UPST in the Dr. C.T. Eapen Memorial Residential Higher Secondary School from 01.06.2017 onwards. After long round of litigations, Government issued order dated 05.02.2025 for approval to the appointment of the petitioner. It was implemented by the District Educational Officer as per order dated 11.09.2025. Thus, the petitioner has got approval as UPST from 01.06.2017 onwards.

2. While so, the post in which the petitioner was appointed was abolished as per the Staff Fixation order for the year 2022-2023. Consequently, the petitioner was retrenched. Thereafter, the petitioner was granted reappointment as UPST in a retirement vacancy with effect from 02.06.2025 onwards. It was sent for approval. Thus, the petitioner had been continuing as UPST

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