JIJUMON M M S/O SRI A MOHAMMED ILLIAS Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT GOVTSECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioner who was appointed as H.S.A (English) in the A.K.M.High School, Kudavoor from 02/06/2008 in the vacancy of K.V.Suresh, H.S.A (Maths) who retired from service on 31/03/2008. THE appointment of the petitioner was not approved by the 4th respondent as per Ext.P2 on the ground that the protected teacher Smt.K.K.Geetha, H.S.A (Maths) belonging to the same school is waiting for absorption and she is to be recalled to her parent school against the retirement vacancy of the aforesaid K.V.Suresh, H.S.A (Maths).

(2.) THE Manager filed an appeal against Ext.P2 and Ext.P3 is the order rejecting the said appeal. THE 3rd respondent, by Ext.P4 order dated 18/02/2009, directed appointment of Smt.K.K.Geetha in the 5th respondent school. THE petitioner challenged the proceedings of the Deputy Director by filing W.P.C.No.7123/2009 which was disposed of by this Court on 05/03/2009 directing the petitioner to file a revision before the Director of Public Instructions. Ext.P8 is the order passed in the said revision. THE 2nd respondent, by Ext.P8 order, confirmed the order dated 04/02/2009 passed by the Deputy Director of Education, Thiruvananthapuram appointing K.K.Geetha in the retirement vacancy of K.V.Suresh. THE petitioner challenges Exts.P2, P3, P4 and P8 and seeks a declaration that he is entitled to get appointed and that the 6th respondent is not legally entitled to be absorbed in the post held by the petitioner in the H.S.A.(English).

(3.) THE point for determination is whether Exts.P2, P3, P4 and P8 orders require any modification.