The High Court at Ernakulam considered whether a petition teacher could claim appointment in a post abolished upon the incumbent's retirement while the incumbent was continued on protection. The court held the petitioner could not claim the post.
The writ petition stood dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937
O.P.No.21682 of 2000 (F)
PETITIONER(S):-
REJITHA.V.V., A.P.L.P. SCHOOL, ELATHUR, KOZHIKODE DISTRICT.
BY ADVS.SRI.M.VIJAYAKUMAR
SRI.M.RAMESH CHANDER.
RESPONDENT(S):-
R1 & R2 BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
O.P.NO.21682 OF 2000-F
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 07.11.1999.
EXT.P2 TRUE COPY OF G.O.(Rt) NO.2680/2000/G.EDN. DATED 1.7.2000.
RESPONDENT'S EXHIBITS:-
--------------------------------------NIL.
Vku/[ true copy ]
K. Vinod Chandran, J
O.P.No.21682 of 2000-F
Dated this the 01st day of February, 2016
JUDGMENT
The petitioner was appointed as a Needle Work
Teacher, when the incumbent retired. However, the incumbent herself was continued on protection, though she was appointed in a regular vacancy. The post of Needle Work Teacher itself would stand abolished in a school with the retirement/death of the incumbent. In such circumstance, the petitioner could not have claimed appointment in the said post and the Manager could not have made any appointment. The issue is covered by a Full
Bench decision of this Court in Jolly v. State of Kerala [2003 (2)
KLT 192 (FB)].
The writ petition would stand dismissed. No costs.
Sd/-
K.Vinod Chandran Judge.
Vku/-
[ true copy ]
2 issues framed by the court
Whether a petitioner appointed as Needle Work Teacher could claim appointment in a post stood abolished.
Whether the petitioner could get appointment when the incumbent was continued on protection in a regular vacancy.
Colour shows how this judgement treated each authority
Jolly v. State of KeralaExplained¶32
Jolly v. State of Kerala [2003 (2) KLT 192 (FB)]
Rejitha.V.V.
State of Kerala
Assistant Educational Officer, Chevayur
Manager, A.P.L.P. School, Elathur
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.Vinod Chandran
Parties & counsel
