JIJI JACOB T C Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein is working as L. P. S. A under the 5th respondent-Corporate educational Agency. The petitioner is having the qualification of S. S. L. C and t. T. C. Initially, the petitioner was appointed for a period from 01. 10. 2004 to 31. 03. 2005, which was approved by Exhibit P1. Subsequent appointment is for the period from 02. 08. 2005 to 13. 12. 2005 and the order of approval is produced as exhibit P2. Exhibit P3 relates to the approval granted for appointment for the period from 03. 01. 2006 to 24. 03. 2006 and Exhibit P4 relates to the period from 16. 06. 2006 to 30. 03. 2007. The appointment as per Exhibit P4 was not approved and that was challenged by the Manager in appeal, and by Exhibit P5 the said appeal was also rejected. The petitioner was later appointed as per Exhibit P6 and the approval of the said appointment was declined by Exhibit P7. The approval of appointment during different spells is on daily wage basis since the duration of vacancies is less than one academic year.

(2.) THE petitioner relies upon Exhibit P13 judgment of a learned Single judge of this Court wherein, in similar circumstances, it was held that going by Rule 7 (3) of Chapter XIV A of Kerala Education Rules, the appointment is liable to be approved.

(3.) PRESENTLY, the issue has been considered by a Division Bench of this court in Abdurahiman vs. Government of Kerala (2009 (2) KLT 105) wherein, in paragraph 14, it was held thus: