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2016 Supreme(Online)(KER) 44520

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
P USHA LOUIS – Appellant
Versus
SRI SHAHABUDEEN    Advocate -SMT BINDU GEORGE – Respondent


JUDGMENT

The petitioner, who is the Headmistress of Leo XIII High School, Pulluvila, Thiruvananthapuram, is aggrieved by Ext.P8 order, whereby the Government rejected a representation against Ext.P6 order of the DEO, which directed the abolishment of the post of Arabic Teacher in the school for the academic year 2008-09, and a recovery of pay and allowances disbursed to the 4th respondent, who was functioning as the Arabic Teacher in the school between 20.02.2008 and 14.07.2009, from the petitioner. The facts in the writ petition would indicate that, pursuant to the staff fixation for the academic year 2007-08, where a post of Part- time Junior Arabic Teacher post was sanctioned in the school, to a retirement vacancy that arose in the said post, the 4th respondent was appointed on 20.02.2008. While the 4th respondent joined on the said date and was continuing in the school, in the staff fixation order for the year 2008-09, the Part-time post of Junior Arabic Teacher was retained by sanctioning the full-time benefit, since he had a prior service from 15.07.1981 onwards. It would appear that, pursuant to an inspection that was held in the school on 19.08.2008, the education authority

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