Sunday, October 9, 2022

SUBSTANTIVE VACANCY TO THE POST WOULD ARISE ONLY ON THE ACTUAL DATE OF RETIREMENT OF HEADMASTER AND NOT ON DATE THE HEADMASTER AVAILED LPR.APPOINTMENT TO THE POST CAN BE MADE FROM AMONG SENIOR MOST PERSON WHO IS QUALIFIED TO THE POST AS ON THE DATE OF OCCURRENCE OF SUBSTANTIVE VACANCY. JUDGEMENT DT:15/09/2022 IN WP(C)18583/2021(2022 (6) KHC 207)MADHU ANAND H. V. STATE OF KERALA

 2022 (6) KHC 207


THE KERALA HIGH COURT Hon'ble Mr. Justice Raja Vijayaraghavan V. Madhu Anand H. v. State of Kerala and Others W. P. (C) No. 18583 of 2021*, decided on 15th September, 2022 Kerala Education Rules, 1959 - Chapter XIVA Rule 7A-Headmaster availing Leave Preparatory to Retirement (LPR) prior to actual date of retirement - When would occurrence of vacancy of Headmaster arise ?

 whether on date of availing of LPR or on the date of actual retirement .Held, substantive vacancy to the post would arise only on the actual date of retirement of Headmaster and not on date the Headmaster availed LPR.Appointment to the post can be made from among senior most person who is qualified to the post as on the date of occurrence of substantive vacancy.(Kerala Service Rules, 1959, Part 1 Chapter IX Rule 72 - Service)

JUDGEMENT DT:15/09/2022 IN WP(C)18583/2021

, -

No comments: