Kerala High Court
C.A.Sabu vs State Of Kerala And Others on 21 July, 2008
Author: K.T.Sankaran
Bench: K.T.Sankaran
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 W.P.(C) NO.18570 OF 2008 :: 2 ::
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 :: 3 ::
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/