STATE OF KERALA versus MOTHER ANASTHASIA, SUPERIOR GENERAL AND ORS.

STATE OF KERALA versus MOTHER ANASTHASIA, SUPERIOR GENERAL AND ORS.

A temporary teacher appointed in a leave vacancy for a limited period does not qualify as a discharged employee under Section 57(6) of the Calicut University Act, 1975, and therefore cannot claim preferential right to future appointment.

Parties
Appellant: State of Kerala; Respondents: Mother Anasthasia, Superior General and Ors.
Jurisdiction
India
Judgment Date
06 February 1997
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order Dated 19.8.80 of the Kerala High Court in O.p. Nos. 868177 C and 4934 of 1976 D
Outcome
Appeals disposed of
Legal Topics
Preferential Claim for Appointment of Lecturers, Discharge and Eligibility Under Calicut University Act Section 57(6)
Service Law Preferential Claim for Appointment of Lecturers Discharge and Eligibility Under Calicut University Act Section 57(6)

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Parties

State of Kerala

Appellant

Mother Anasthasia, Superior General and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order Dated 19.8.80 of the Kerala High Court in O.p. Nos. 868177 C and 4934 of 1976 D

Legal Issues

  1. 1 Whether a temporary teacher appointed in a leave vacancy is eligible for preferential claim under Section 57(6) of Calicut University Act, 1975

Ratio Decidendi

A temporary teacher appointed in a leave vacancy for a limited period does not qualify as a discharged employee under Section 57(6) of the Calicut University Act, 1975, and therefore cannot claim preferential right to future appointment.

Court Disposition

Appeals disposed of

Orders

  • No costs