Kerala High Court
State Of Kerala vs Alphonsa Engratida.P.J on 30 March, 2010
Bench: P.R.Raman, P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 564 of 2010()
1. STATE OF KERALA, REPRESENTED
... Petitioner
2. THE DIRECTOR, HIGHER SECONDARY
3. ACCOUNTANT GENERAL (A & E),
Vs
1. ALPHONSA ENGRATIDA.P.J.,
... Respondent
2. JOSE.P.P., RETIRED PRINCIPAL,
3. ANNAMMA.K.M, RETIRED PRINCIPAL,
4. ISHA.M.R., RETIRED PRINCIPAL,
5. MARTHA THARIATH, RETIRED PRINCIPAL,
6. UMAYAMMA.T.V, RETIRED PRINCIPAL,
7. RAMAKRISHNAN.K.P., RETIRED PRINCIPAL,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/03/2010
O R D E R
P.R.RAMAN & P.N.RAVINDRAN, JJ.
---------------------------
W.A. No. 564 OF 2010
--------------------------
Dated this the 30th day of March, 2010
J U D G M E N T
Raman,J.
The contention raised in the writ appeal is that the writ petitioners are not entitled for the revised scale of pay attached to the post of Principal prior to 2006. According to the learned Government Pleader the post itself was available only in 2006. Going by the records it does not appear that such a contention was raised in the writ petition before the learned Single Judge after giving an opportunity to the respondents to meet such contention. Therefore, the appropriate course open to the appellants is to seek for a review and not to file a writ appeal since this is not a question raised or considered by the learned Single Judge.
With liberty to the appellants to file review, this writ appeal is dismissed.
P.R.RAMAN, (JUDGE ) P.N.RAVINDRAN, (JUDGE) vps Crl.M.C.No. 2 Crl.M.C.No. 3