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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
SREEJA JAMES – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. dispute regarding appointment approval against leave vacancy. (Para 1 , 2 , 3 , 4 , 5) |
| 2. context of staff fixation and protection under government order. (Para 6 , 10 , 12) |
| 3. court's view on revisiting appointment decisions. (Para 8 , 13 , 14 , 15) |
JUDGMENT
Dated this the 24th day of March, 2026 The writ petition is filed challenging Exts.P4 and P7, being aggrieved by the issuance of the same. The case of the petitioner is that she was originally appointed in a leave without allowance (LWA) vacancy availed by Smt.Elsy P. Oommen. As evident from Ext.P1 order, her leave period was from 11.09.2006 to 31.07.2009.
2. While so, as per Ext.P2 staff fixation order, one post was reduced. However, Ext.P2 itself specifically records that Smt.Sreeja James, UPSA (LS), was protected in terms of G.O. No.9679/J2/99/G.Edn. dated 24.03.1999. The relevant portion of the said Government Order reads as follows:
“Government are pleased to clarify that the benefit under the revised teacher-student ratio of 1:40 can be applied in favour of the leave substitutes also.”
3. However, by Ext.P4 order, the District Educational Officer stated that the Manager, PHS Padagiri, had appointed Smt.Sreej
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