High Court Kerala High Court

Rt.Rev.Thomas Mar Timotheous … vs The State Of Kerala on 14 October, 2008

Kerala High Court
Rt.Rev.Thomas Mar Timotheous … vs The State Of Kerala on 14 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2042 of 2008()


1. RT.REV.THOMAS MAR TIMOTHEOUS EPISOCPA,
                      ...  Petitioner
2. DR.REENA MARY ABRAHAM,

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE REGIONAL DEPUTY DIRECTOR,

                For Petitioner  :SRI.P.J.MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :14/10/2008

 O R D E R
         J.B.Koshy & K.P.Balachandran, JJ.
         ---------------------------------
                W.A.No.2042 of 2008
         ---------------------------------

                     JUDGMENT

Koshy, J.

The second petitioner was appointed as

Principal in charge. But that was not approved by

the Deputy Director (Exhibit P7). An appeal

(Exhibit P8) was filed against Exhibit P7 order.

It is pending consideration by the second

respondent. In the meanwhile, the salary bill

submitted for the month of September 2008 was

rejected on the ground that appointment of the

second petitioner as Principal in charge was not

approved. But, the teachers and staff in the Higher

Secondary School cannot be denied salary. In the

above circumstances, we direct the third respondent

to pass the salary bill of the teachers and at the

maximum charge allowance due to the second

petitioner alone can be withheld, pending disposal

of the appeal. The second respondent should see to

WA 2042/08 2

it that salary of the teachers and staff are not

delayed because of the alleged non approval of

appointment of the Principal in charge. Since the

appeal is pending consideration by the second

respondent, we are not expressing any opinion

regarding the merits of the appeal.

The writ appeal is disposed of as above.

(J.B.Koshy, Judge)

14th October, 2008
(K.P.Balachandran, Judge)
tkv