S. Kabeer vs The State Of Kerala on 29 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31585 of 2008(I)


1. S. KABEER, S/O. SHAFARUDHEEN,
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE REGIONAL DEPUTY DIRECTOR,

4. THE MANAGER,

5. SMT. S. SHAMMA BEEVI,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  :SRI.BENOY THOMAS

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :29/05/2009

 O R D E R
                      T.R. Ramachandran Nair, J.
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                      W.P.(C) No.31585 of 2008-T
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                Dated this the 29th day of May, 2009.

                                 JUDGMENT

The petitioner herein was appointed as a Higher Secondary School

Teacher (Malayalam) in Nochat Higher Secondary School, Perambra on

25.6.2001. The said appointment was approved. Subsequently, he was

ordered to be transferred by the management by way of inter-management

mutual transfer as per Ext.P2. Accordingly, he joined in the new school on

9.11.2004. Four years thereafter, the fifth respondent raised a claim for the

post in which the petitioner had joined. By Ext.P3, the Director issued

orders directing to promote the firth respondent as Higher Secondary School

Teacher and to accommodate the petitioner in the junior post. The

petitioner, aggrieved by the said order, has preferred an appeal Ext.P4

before the Government. This court, while admitting the writ petition,

passed an interim order staying Ext.P3 which was being extended from time

to time.

2. Heard learned counsel for the petitioner, learned Govt. Pleader and

learned counsel for the 5th respondent. Since Ext.P4 appeal is pending

before the Government, there will be a direction to the first respondent to

wpc 31585/2008 2

take a decision on Ext.P4 after hearing the petitioner and respondents 4 and

5, within a period of three months from the date of receipt of a copy of this

judgment. The interim order passed by this court will continue to be in

force till the appeal is heard and disposed of.

The writ petition is disposed of as above. N costs.

(T.R. Ramachandran Nair, Judge.)

kav/