IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2411 of 2007()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
2. THE DEPUTY DIRECTOR OF EDUCATION,
Vs
1. LEELAMMA JOSEPH, HEADMISTRESS, GLPS,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.C.G.SUNIL
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :21/01/2009
O R D E R
KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ.
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Writ Appeal No.2411 OF 2007 &
Writ Appeal No.10 OF 2008
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Dated this the 21st day of January, 2009.
J U D G M E N T
Kurian Joseph, J.
These are appeals filed by the State aggrieved by the
common judgment dated 14.08.2006 in W.P.(C) Nos.4238 and
4243 of 2005 and W.P.(C) No.5024 of 2006. It is seen that the
State had already filed Writ Appeal No.3008/2007 against the
judgment in W.P.(C) No.4243/2005. The said writ appeal was
allowed subject only to the clarification that the salary drawn by
the writ petitioner in the promoted post of Headmistress shall not
be recovered.
2. Heard the learned Senior Government Pleader appearing
for the appellants and the learned counsel appearing for the writ
petitioners.
3. In Writ Appeal No.10/2008, the writ petitioner was never
promoted as Headmistress and hence there arises no question of
W.A.Nos.2411/07 & 10/08 2
recovery. In Writ Appeal No.2411/2007 arising from W.P.(C)
No.4238/2005, it is seen that though the writ petitioner has
worked in the promoted post of Headmistress, she had not been
paid salary and other benefits attached to the post.
In the above circumstances, Writ Appeal No.10/2008 is
allowed. The judgment in W.P.(C) No.5024/2006 is set aside and
the said writ petition is dismissed. The Writ Appeal
No.2411/2007 is also allowed subject to the clarification that the
writ petitioner shall be entitled to salary and other benefits
attached to the post of Headmistress during the period she
actually worked in the said post.
KURIAN JOSEPH
JUDGE
P.R. RAMACHANDRA MENON
JUDGE
smp
W.A.Nos.2411/07 & 10/08 3
KURIAN JOSEPH &
P.R. RAMACHANDRA MENON, JJ.
W.A. Nos. 2411 OF 2007 &
10 OF 2008
J U D G M E N T
21.01.2009