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E.I. SIRAJ versus THE STATE OF KERALA

High Court of Kerala

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E.I. SIRAJ v. THE STATE OF KERALA - WP(C) No. 6669 of 2006(R) [2006] RD-KL 82 (4 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6669 of 2006(R)

1. E.I.SIRAJ, S/O.ISMAIL,
... Petitioner

Vs

1. THE STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE MANAGER, D.D.SABHA HIGH SCHOOL,

5. THE HEADMASTER, D.D.SABHA HIGH SCHOOL,

For Petitioner :SRI.V.A.MUHAMMED

For Respondent :SRI.T.K.VENUGOPALAN

The Hon'ble MR. Justice A.K.BASHEER

Dated :04/07/2006

O R D E R

A.K. Basheer, J.


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W.P(C) NO. 6669 of 2006
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Dated this the 4th day of July, 2006.



J U D G M E N T

Petitioner was appointed as Lower Grade Arabic Teacher in the school under the management of respondent No.4 with effect from June 14, 2004. A copy of the order of appointment is on record as Ext.P1. 2. It is true that the approval was declined on the ground that the appointment being against a retirement vacancy and the school having been included in the category of "new school", the said appointment was not liable to be approved. However in the counter affidavit filed on behalf of respondent No.1 it is stated thus:

" 4. It is submitted that the Government have recently issued a general order vide G.O (P)73/2006/G.Edn. dated 18/2/2006 not insisting the appointment of protected teacher in the pre-upgraded sections of the "New School" .......... Sri.Siraj is seen posted in the pre-upgraded section of the school (Primary wing of the school). The school was upgraded as a High School during 1982. Primary sections were functioning in the school even before the upgradation. Since the appointment of Shri.Siraj is in the pre-upgraded Primary WP.6669/06 2 Wing, his appointment can be approved in view of the general orders in G.O.(P). 73/2006/G.Edn dt. 18/2/2006, it is otherwise in order."

3. In view of the above averment in the counter affidavit, the writ petition is allowed. The petitioner shall be paid all benefits payable to him pursuant to approval of his appointment. A.K. Basheer Judge. an.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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