IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1667 of 2008()
1. C.A.AJITH, S/O.ANNALAKUTTY,
... Petitioner
Vs
1. STATE OF KERALA REP;BY SECRETARY TO
... Respondent
For Petitioner :SRI.K.JAJU BABU
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :15/09/2008
O R D E R
J.B. Koshy & K.P. Balachandran, JJ.
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W.A. No. 1667 of 2008
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Dated this the 15th day of September, 2008
Judgment
Koshy,J.
Appellant/Petitioner was appointed as H.S.A. in
Mathematics in A.M.H.S., Vengoor in a regular vacancy, but, that
was not approved by the Government as there were protected
teachers in the school. The above protected teacher was absorbed
in another school on 1.12.2006. After the judgment of the learned
single Judge, appellant’s appointment was approved with effect from
1.12.2006. It is the case of the petitioner that he is entitled to get
approval from the date of appointment as there was vacancy of
teacher and he was working in that post and nobody else was
appointed. He also referred to Annexures A and B Government
orders. In Annexure A, appointments were approved with effect
from the date of that order and in Annexure B order, approval was
given from the date of approval. Learned Government Pleader
differentiated these orders with the case of the petitioner as there
were no protected teachers in Annexure B and in Annexure A those
teachers were working for very long periods after the upgradation
W.A.No.1667/2008 2
of the schools. Here also, petitioner was working from 2004
onwards. In view of the Government order dated 23.6.2008, the
only question to be decided is the date of approval to be granted. If
the petitioner files a representation to the Government, the question
of granting approval from retrospective effect before 1.12.2006
shall be considered by the Government as expeditiously as possible
taking into consideration Annexures A and B and other grounds
raised by the petitioner.
The appeal is disposed of accordingly.
J.B.Koshy
Judge
K.P. Balachandran
Judge
vaa
W.A.No.1667/2008 3
J.B. KOSHY
AND
K.P.Balachandran,JJ.
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W.A. No.1667/2008
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Judgment
Date:15th September,2008