MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a full time menial in the service of an added school managed by the 5th respondent. The 6th respondent is a peon in the same scale. The petitioner possesses due qualification for appointment as a Lower Grade Hindi teacher. When temporary vacancies arose she had been appointed on earlier occasions. These facts are not in dispute. A regular vacancy of Lower Grade Hindi Teacher arose on 2.6.97. By that time the 6th respondent also got duly qualified to that post. Who among the petitioner and 6th respondent shall be preferred to that vacancy is the issue involved.

(2.) The manager preferred the petitioner. The educational authorities approved it; but in revision at the instance of 6th respondent, Govt. reversed that decision and found that the 6th respondent had preferential claim to that of the petitioner. Therefore the 6th respondent shall be appointed against the said regular vacancy.

(3.) Government took this decision applying Note 2 under R.1(1) Chap.14A KER which reads as follows: