MUSTHAFA P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who was appointed as UPSA in the 5th respondent school as per Ext.P1 order against a Leave Without Allowance vacancy for the period from 05.06.2006 to 16.12.2011, complains that the 4th respondent did not pass any orders, even after the direction of Government in Ext.P5 letter for his retention under 1:40 ratio.

(2.) The petitioner was appointed as per Ext.P1 order against a vacancy, which arose when one Muhammed Abdurahiman, Assistant Teacher of the School availed Leave Without Allowance for a period of five years from 17.02.2001 to 16.02.2006 and extended from 17.12.2006 to 16.12.2011. It was approved as per endorsement dated 16.12.2013 of the AEO, for the period from 05.06.2006 to 14.07.2010. The approval is seen granted on the basis of a Government letter dated 02.11.2012.

(3.) Aggrieved by the action of the AEO in limiting the approval up to 14.07.2010, petitioner as well as the Manager approached the Government requesting to approve the appointment of petitioner till 16.12.2011. Government thereafter issued Ext.P5 letter on 01.11.2016 directing the AEO to consider whether it was possible to retain the petitioner applying 1:40 ratio for the period from 15.07.2010 to 16.12.2011 also, in accordance with the then existing orders and the provisions contained in KER and if so to grant the approval, in case he is otherwise eligible.