MUSALI GUPTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was the Headmaster of an aided Lower Primary School at Mangalamkunnu. The 2nd respondent contended before the Director of Public Instruction that he was the legitimate claimant to that post. The contention was not accepted.

(2.) The 2nd respondent then took up the matter before the Government and Ext. P2 is the order passed in his favour and impugned by the appellant -- without success -- in O. P. No. 118 of 1962. Ext. P 2 reads as follows:

(3.) In view of the facts stated in the preceding paragraph it becomes clear that Shri Gopalan Nair (2nd respondent) is the legitimate claimant for the post and therefore Government are pleased to order that Shri Gopalan Nair (2nd respondent) will be appointed as Headmaster of the above school reverting Shri Musali Guptan (appellant) as the assistant with effect from the date of Shri Gopalan Nair (2nd respondent) rejoined the school."