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december 2018

Supreme Court of India · 2018-12-04

V.K. GIRIJA vs RESHMA PARAYIL

Citation / case number
SC 2016/30831
Court
Supreme Court of India
Petitioner
V.K. GIRIJA
Respondent
RESHMA PARAYIL
Author
HON'BLE MR. JUSTICE ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE A.K. SIKRI, HON'BLE MR. JUSTICE ASHOK BHUSHAN, HON'BLE MR. JUSTICE S. ABDUL NAZEER

Judgment text excerpt

The Supreme Court analyzed the legality of the appointment of a Higher Secondary School Teacher (Economics) in light of the Kerala State & Subordinate Services Rules, 1958, specifically Rule 5(3). The Court held that the appointment must adhere to the principle of filling vacancies based on cadre strength rather than prioritizing transfers, thereby upholding the Single Judge's decision and reversing the Division Bench's ruling. The appeal was allowed, affirming the appointment of the appellant as valid and lawful.

V.K. GIRIJA vs RESHMA PARAYIL · Niyam