IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37220 of 2008(E)
1. ANLALATH CHALIKANDY PEEDIKAYIL,
... Petitioner
Vs
1. GOVERNMENT OF KERALA, GOVERNMENT
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE REGIONAL DEPUTY DIRECTOR,
4. THE MANAGER, MM HIGHER SECONDARY SCHOOL,
For Petitioner :SRI.V.B.UNNIRAJ
For Respondent :SMT.SHYLA SHAFFEQ
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :02/04/2009
O R D E R
P.N.RAVINDRAN, J.
-----------------------------
W.P(C) No. 37220 of 2008-E
------------------------------
Dated this the 2nd day of April, 2009.
J U D G M E N T
The issue raised in this writ petition is admittedly covered in
favour of the petitioner by the decision of this Court in State of
Kerala V Sujakumari (2006(1) ILR Ker 431) and Ext.P13 judgment in
W.P(C) No.26824 of 2006 and also the judgment of this Court in W.P
(C) Nos.18564 of 2008 and 16189 of 2008. The learned
Government Pleader however submits that the State has filed a
Special Leave Petition in the Apex Court against the decision of this
Court in State of Kerala V. Sujakumari 2006(1) ILR Ker 431) and
therefore the petitioner cannot rely on the dictum laid down therein.
2. Ext.P14, the order impugned in this writ petition
discloses that the Director of Higher Secondary Education has taken
the stand that the appointment of the petitioner cannot now be
regularised on the ground that the appeal filed by the State of
Kerala from the decision of this Court in State of Kerala V.
Sujakumari (Supra) is pending in this Apex Court. The learned
counsel for the petitioner submits that approval has been granted in
similar cases subject to the condition that the approval will be
W.P(C) No. 37220 of 2008-E 2
subject to the decision of the Apex Court in the Special Leave
Petition filed by the State of Kerala.
After hearing the submissions made at the Bar and on going
through the pleadings and the materials on record, I am of the
considered opinion that the stand taken in Ext.P14 cannot be
sustained. Ext.P14 is accordingly quashed. The second respondent
is directed to regularise the appointment of the petitioner subject to
the outcome of the decision of the Apex Court in the Special Leave
Petition filed by the State of Kerala against the decision of this Court
in State of Kerala V. Sujakumari (Supra). Final orders in the matter
shall be passed within two months from the date of receipt of a
certified copy of this judgment. Payment of arrears of salary and
allowances shall be made within two weeks from the date on which
the arrear bill is submitted by the Principal of the school.
The writ petition is disposed of as above.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
ab PA to Judge