High Court of KeralaWP(C)/12689/2015disposed of

C.P.Lilly v. State Of Kerala

2015-04-21Honourable Mr.Justice C.T.Ravikumar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 WP(C).No. 12689 of 2015 (I) ---------------------------- PETITIONER(S):

----------------- C.P.LILLY, HIGH SCHOOL ASSISTANT (MALAYALAM) ST.MARY'S HIGH SCHOOL VYNTHALA.

BY ADVS.SRI.V.N.MOHANADASAN SRI.P.JAYAKUMAR RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF GENERAL EDUCATION, GOVT.OF KERALA THIRUVANANTHAPURAM, PIN-695001.

2. THE DEPUTY DIRECTOR DEPT. OF GENERAL EDUCATION, THRISSUR 680 001

3. THE DISTRICT EDUCATIONAL OFFICER IRINJALAKKUDA. 680 121.

BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12689 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 - TRUE COPY OF ORDER OF R1 DATED NIL.

EXT.P2 -TRUE COPY OF REPRESENTATION BY THE PETITIONER DATED 16.12.2013 EXT.P3 - TRUE COPY OF ORDER REJECTING EXHIBIT P2, DATED 21.06.2014 EXT.P4 - TRUE COPY OF APPEAL BEFORE R1 DATED 06.08.2014 RESPONDENT(S)' EXHIBITS:

NIL //TRUE COPY// P.A. TO JUDGE dlk

C.T.RAVIKUMAR, J --------------------------------------- W.P.(C) No. 12689 of 2015 ---------------------------------------- Dated this the 21st day of April, 2015

JUDGMENT

The petitioner is working as a High School Assistant in St.Mary's High School, Vynthala which is an aided school. The petitioner availed Half Pay Leave. Subsequently, the second respondent issued Ext.P1 order requiring the petitioner to re-fund the salary on the ground that the petitioner was ineligible to avail Half Pay Leave. The petitioner filed Ext.P2 representation to regularise the service. The same was rejected as per Ext.P3. Aggrieved Ext.P3 the petitioner preferred Ext.P4 appeal before the first respondent. Having heard the learned counsel for the petitioner and the learned Government Pleader and taking into consideration the fact that Ext.P4 appeal is pending before the first respondent without making any observation as to the merit of the contentions raised by the petitioner in this petition as in Ext.P4 appeal this writ petition is disposed of with as direction to the first respondent to consider Ext.P4 and pass

W.P.(C) No. 12689 of 2015 appropriate orders, in accordance with law. It shall be done expeditiously and at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR, JUDGE dlk