LAWS(KER)-1978-3-37

BABU Vs. MANAGER, S.N.V. HIGH SCHOOL

Decided On March 28, 1978
BABU Appellant
V/S
Manager, S.N.V. High School Respondents

JUDGEMENT

(1.) Quite apart from principle, on the authorities, the position seems to have been well settled. In T. O. Mary's case ( ILR 1974 (2) Ker. 274 ) our learned brother Eradi, J. had occasion to consider the scope and the inter relationship between the two rules. The learned Judge observed:

(2.) Counsel for the appellant invited our attention to the observations of Raman Nayar, C. J. in Sarojini v. The Assistant Educational Officer, Mullasserry ( ILR 1972 (1) Ker. 266 ) where the learned Judge has made certain observations in regard to the accrual of a title on the incumbent based on his appointment to the post. We do not understand these observations as in any way laying down that a right accrues to the person appointed temporarily from the date of the appointment and that therefore R.51A of Chap.14(A) should prevail over R.43 of the said Chapter. The principle and the scope of the decisions which we have noticed supra directly support the view that we have taken in this case.

(3.) We dismiss the writ appeal, in the circumstances, without costs.