Solly Punnose v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 9752 of 2015 (T) --------------------------- PETITIONER(S):

-------------- SOLLY PUNNOSE AGED 49 YEARS W/O.KUNJU KOSHY PAUL VAZHAYIL MALLAPPALLY EASTMALLAPPALLY - 689 585 (HIGH SCHOOL ASSISTANT(MATHS) MGD HIGH SCHOOL, PUTHUSSERY).

BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S):

---------------------------- 1.

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

2.

THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM - 695001.

3.

THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR(EDUCATION) PATHANAMTHITTA AT THIRUVALLA - 689 101.

4.

DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THIRUVALLA - 689 101.

5.

THE CORPORATE MANAGER OFFICE OF THE CORPORATE MANAGER OF CATHOLICATE ANDM.D.SCHOOLS DEVALOLAM, KOTTAYAM.

R BY SR.GOVERNMENT PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9752 of 2015 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P-1: TRUE COPY OF THE ORDER OF TRANSFER DATED 21.5.2014 THIS PASSED BY RESPONDENT NO.5 EXT.P-2: TRUE COPY OF THE ORDER LAST PAY CERTIFICATE DATED 11.8.2014 ISSUED BY THE HEAD MASTER, ST.THOMAS HIGH SCHOOL, KARTHIKAPPALLY. EXT.P-3: TRUE COPY OF THE ORDER STAFF FIXATION ORDER DATED 14.7.2014 ISSUED BY RESPONDENT NO.4 EXT.P-4: TRUE COPY OF THE ORDER GOVERNMENT ORDER BEARING G.O(P) NO.278/2014/G.EDN DATED 23.12.2014 ISSUED BY RESPONDENT NO.1 EXT.P-5: TRUE COPY OF THE ORDER DATED 6.1.2015 PASSED THIS HON'BLE COURT IN WPC NO.33619/2014 RESPONDENT(S)' EXHIBITS: NIL ----------------------- ms \\true copy// PS to Judge

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.9752/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of April, 2015

J U D G M E N T

The writ petitioner is presently working as High School Assistant (Maths) in M.G.D. High School, Puthussery. Petitioner claims to the senior-most claimant in that post.

2.

In view of the above circumstances, there shall be a direction to the fifth respondent to file a declaration before the fourth respondent that there are no other senior claimants other than the petitioner. If such a declaration is made by the fifth respondent, based on that, salary to the petitioner shall be paid. 3.

If it is found that there are any other claimants, the declarant is bound to recoup the loss caused to the State.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms