HEMA V.NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction to respondents 1 and 2 to approve her appointment in the Thachinganadam Higher Secondary School, managed by the 3rd respondent-Manager, as a High School Teacher in Maths with effect from 28.10.2016.

(2.) The petitioner asserts that even though she was appointed so, the Manager of the School had challenged it and obtained an interim order in WP(C)No.41013/2017, which case was subsequently dismissed and that when the matter was taken up in an appeal, Ext.P2 judgment had been delivered declaring that the petitioner is entitled to be appointed with effect from the aforementioned date. She, therefore, prays that the respondents be directed to approve her appointment from that date without any delay.

(3.) When this matter was considered by me on an earlier occasion, the learned counsel for the Manager - Sri.T.T.Muhamood, had tried to urge an objection that the petitioner is not entitled to be appointed with effect from 28.10.2016 and therefore, that his client may be allowed to appoint her from a subsequent date. However, since it is clear from Ext.P2 judgment that a learned Division Bench of this Court had already declared that the petitioner is entitled to be appointed as a High School Teacher with effect from 28.10.2016, I could not accede to such contentions and he, therefore, admitted that his client will issue a fresh appointment order to such effect and produce it before this Court.