IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18570 of 2008(I)
1. C.A.SABU, HSST MATHEMATICS,
... Petitioner
2. DIRECTOR OF HIGHER SECONDARY EDUCATION
3. REGIONAL DIRECTOR OF HIGHER SECONDARY
4. MANAGER, VIVEKA CHANDRIKA SABHA HSS,
Vs
1. STATE OF KERALA AND OTHERS
... Respondent
For Petitioner :SRI.BENOY THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/07/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 18570 OF 2008 I
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Dated this the 21st July, 2008
JUDGMENT
The petitioner is working as HSST full time (Mathematics) in
VCSHSS , Puthenvelikkara. It is stated that he was appointed originally in
the academic year 1999-2000 as HSST (Junior) (Mathematics) and that
appointment was approved. It is further stated that during the academic
year 2000-01, the Junior post was upgraded as Senior post and the
Manager promoted and appointed the petitioner as HSST full time as per
Exts.P1 and P1(a). Aggrieved by the delay in the disposal of the proposal
for approval of the appointment of the petitioner, he filed W.P.(C)
No.25265 of 2007, which was disposed of as per Ext.P3 judgment,
directing the second respondent to take a decision in the matter. The
second respondent, Director of Higher Secondary Education, passed
Ext.P4 order dated 16.2.2008, approving the appointment of the petitioner
as HSST (Mathematics) from 15.7.2000 till the post exists. A direction
was also issued as per Ext.P4 that the arrears of pay admissible
consequent to the approval will be released after adjusting the pay and
allowances drawn against the already approved post. The grievance of
the petitioner is that he has not received salary from 15.7.2000 onwards,
in spite of the approval of his appointment as per Ext.P4. In these
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circumstances, the petitioner submitted Ext.P5 representation before the
Government and Ext.P5(a) representation before the Director of Higher
Secondary Education.
2. The reliefs prayed for by the petitioner are the following:
“i) direct the respondents to disburse salary and other
attendant benefits admissible to the post of HSST
(Full time/senior) to the petitioner as per Ext.P4
approval order within the time limit fixed by this
Honourable Court.
ii) grant such other reliefs as this Honourable Court
deems fit and in the facts and circumstances of this
case.”
3. Heard the learned counsel for the petitioner and the learned
Government Pleader who appeared for respondents 1 to 3. It is not
necessary to issue notice to the fourth respondent.
In the facts and circumstances of the case, the Writ Petition is
disposed of in the following manner:
a) The first respondent shall consider and dispose of Ext.P5
representation within a period of one month from the date of receipt
of a copy of this judgment, after affording an opportunity of being
heard to the petitioner and the Manager.
W.P.(C) NO.18570 OF 2008
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b) Petitioner shall produce certified copy of the judgment and a copy
of the Writ Petition before the first respondent.
c) Petitioner shall send a copy of the judgment to the fourth
respondent, Manager, by registered post and shall produce proof of
the same before the first respondent.
(K.T.SANKARAN)
Judge
ahz/