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V. R. Anoop v. The State Of Kerala And Ors

V. R. Anoop v. The State Of Kerala And Ors

(High Court Of Kerala)

WP(C).No. 190 of 2017 (W) | 04-01-2017

P.V.ASHA, J.

1. The petitioner was appointed as Junior Hindi Teacher as per Ext.P1 order for the period from 25.6.2007 onwards against a resignation vacancy. As per Ext.P3 the said appointment was approved for the period from 14.7.2008 only. However it was stated that since he did not complete one year service in one academic year he will not be entitled to benefit of rule 51A claim. The petitioner approached the Government in Ext.P4 representation requesting for inclusion of his name in the teachers' bank. However, the Government by Ext.P5 order rejected his request, without considering his claim for inclusion in teachers' bank stating that he will not be entitled to 51A claim.

2. Learned counsel for the petitioner submits that the petitioner is entitled to be included in the teachers' bank by virtue of his approved service for the period from 25.6.2007 to 14.7.2008. But the Government has not considered the same while passing Ext.P5 order.

3. Heard the learned Government Pleader.

In view of the fact that specific contention raised by the petitioner regarding inclusion of his name in the teachers' bank is not considered in Ext.P5, there shall be a direction to the Government to reconsider the aforesaid claim in Ext.P4 in accordance with law. Ext.P5 order to the extent it has not considered the claim for inclusion in teachers' bank will stand set aside. Orders shall be passed after hearing the petitioner and affected parties within a period of two months from the date of receipt of a copy of this judgment.

Advocate List

  • SRI.V.A.MUHAMMED SMT.P.A.JENZIA

  • SMT. NISHA BOSE

Bench
  • HON'BLE SMT. JUSTICE P.V.ASHA
Eq Citations
  • LQ
  • LQ/KerHC/2017/1712
Head Note

Service Law — Temporary/Contractual Appointment/Service — Appointment — Appointment order — Ext. P-3 stating that since petitioner did not complete one year service in one academic year he will not be entitled to benefit of rule 51-A claim — Ext. P-5 order rejecting his request for inclusion of his name in teachers' bank stating that he will not be entitled to 51-A claim — Specific contention raised by petitioner regarding inclusion of his name in teachers' bank not considered in Ext. P-5 — Government directed to reconsider the aforesaid claim in accordance with law — Ext. P-5 order to the extent it has not considered the claim for inclusion in teachers' bank will stand set aside — Kerala Education Rules — Temporary/Contractual Appointment/Service — Appointment order (Paras 1 to 3)