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2026 Supreme(Online)(Ker) 8836

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
NIMISHA R. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PAULSON THOMAS, SMT.S.ANJUSHA
For the Respondents: SRI SUNIL NATH, GP

Table of Content
1. appointment was challenged based on flawed assessment. (Para 1 , 3 , 4)
2. court's directive for approval of appointment with notional effects. (Para 2 , 5)

JUDGMENT

The petitioner was appointed as UPSA in the school managed by the 5th respondent herein as against the promotion vacancy of One Sri.V.Shaji, who was working as a UPSA, who got promoted as a HSA w.e.f 13.06.2018. It is not in dispute that the appointment as above has been carried out with reference to the staff fixation for the year 2017-18. Later, the staff fixation with respect to the period 2018-19 was also carried out as evidenced by Ext.P3, as per which, there were nine sanctioned post of UPSA. Ext.P3 was issued on 03.07.2018. However, after the currency of the period on 17.07.2019, the DEO sought to revise the staff fixation for the period 2018-19, as per which, one post of UPSA was reduced, alleging bogus admission carried out in the school. Placing reliance on the afore, the appointment effected to the petitioner as evidenced by Ext.P1 was not approved by the 4th respondent herein as evidenced by Ext.P2 dated 18.09.2019. It is in the afore circumstances, the petitioner has approached this Court

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