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High Court of KeralaWP(C)/9343/2015disposed of

Viji Viswan v. State Of Kerala

2015-03-24Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9343 of 2015 (P) --------------------------- PETITIONER:

------------------- VIJI VISWAN, AGED 42 YEARS, W/O.SUNIL.P, PRINCIPAL(IN-CHARGE), NAVAMUKUNDA HIGHER SECONDARY SCHOOL, THIRUNAVAYA - 676 301, RESIDING AT PAZHAYAPADIKKAL HOUSE, P.O.KANJIRAMUKKU, AYIMICHIRA - 679 584, MALAPPURAM DISTRICT.

BY ADV. SRI.P.NANDAKUMAR RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE REGIONAL DEPUTY DIRECTOR, DIRECTORATE OF REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CIVIL STATION, MALAPPURAM - 676 505.

3. THE MANAGER, NAVAMUKUNDA HIGHER SECONDARY SCHOOL, THIRUNAVAYA - 676 301.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 9343 of 2015 (P) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 :

TRUE COPY OF APPOINTMENT ORDER DATED 12.8.2006. EXHIBIT P2 :

TRUE COPY OF THE SENIORITY LIST AS ON 1.1.2014. EXHIBIT P3 :

TRUE COPY OF THE ORDER DATED 10.2.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF REVISION PETITION DATED 28.2.2015. EXHIBIT P5 :

TRUE COPY OF TRACK RECORD SHOWING RECEIPT OF EXHIBIT P4 BY THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:

- NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.9343 of 2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of March, 2015

J U D G M E N T

The petitioner has approached the Government by Ext.P4 revision petition challenging rejection of approval of appointment of the petitioner as Principal. The petitioner is working as a Higher Secondary School Teacher (for short, "HSST") in an aided school. The only relief sought before this Court is for an early disposal of Ext.P4. The petitioner submits that she is drawing salary in the scale of HSST.

2.

In view of the facts and circumstances, the writ petition is disposed of as follows:

i.

There shall be a direction to the first respondent to consider Ext.P4 after hearing the petitioner and the Manager within a period of four months.

W.P.(C).No.9343/2015 -:2:- ii.

The petitioner shall be given all salary and allowances in the scale of pay applicable to HSST. iii.

If the petitioner's appointment as Principal is approved, the difference of salary payable to the petitioner shall be released to the petitioner without any delay.

iv.

The petitioner shall produce a copy of this writ petition along with a copy of the judgment before the first respondent for compliance. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms