High Court Kerala High Court

State Of Kerala Represented By The vs Leelamma Joseph on 21 January, 2009

Kerala High Court
State Of Kerala Represented By The vs Leelamma Joseph on 21 January, 2009
       

  

  

 
 
  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.
             ------------------------------------------
                Writ Appeal No.2411 OF 2007 &
                  Writ Appeal No.10 OF 2008
              ------------------------------------------
          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