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2017 Supreme(Online)(KER) 32312

HIGH COURT OF KERALA
ANU SIVARAMAN, J
KRISHNAKUMAR K – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

1.This writ petition is filed with the following prayers:- i. Call for the records leading to Exhibits P4 and P5 and quash the same by issuing Writ in the nature of certiorari.

ii. Writ in the nature of mandamus commanding the 4th respondent DEO to draw and disburse pay and allowances to the petitioners in their respective posts without break continuously.

iii.Declare that the petitioners are entitled to draw and receive the pay and allowances without break.”

2.Heard the learned counsel for the petitioner and the learned Government Pleader.

3.It is submitted that the 1st petitioner had been appointed as UPSA for the period from 1.9.2015 to 31.3.2016. The said appointment was approved by the 4th respondent on daily wages. She was re-appointed in a regular promotion post on 01.06.2016. The 2nd petitioner was also appointed against the substantive promotion vacancy w.e.f. 01.06.2016 and the said appointment was approved. However, on 13.04.2016, when the staff fixation order for the academic year 2015-2016 was W.P.(C).No.37891/17 issued, two posts of UPSA against which the petitioners were working was reduced on the ground that there were “no teachers available in the roll.” Therea

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