Sivaprakash P.R. v. District Educational Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 33604 of 2015 (A) ---------------------------- PETITIONER(S):

-------------------------- SIVAPRAKASH P.R.

S/O RAJAHOPALAN NAIR HIGHER SECONDARY SCHOOLTEACHER (ENGLISH) DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA PALAKKAD DISTRICT BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S):

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

1. DISTRICT EDUCATIONAL OFFICER MANNARKAD, PALAKKAD DIST. 676 582

2. REGIONAL DEPUTY DIRECTOR DIRECTORATE OF HIGHER SECONDARY EDUCATION MALAPPURAMDIST. 676 505

3. THE PRINCIPAL DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA PALAKKAD DIST. 676 593

4. THE MANAGER DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA PALAKKAD DIST. 676 593 R BY GOVERNMENT PLEADER SMT. M J RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33604 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE APPOINMENT ORDER DT. 16/9/15, ISSUED BY THE MANAGER EXT.P2: TRUE COPY OF THE RELIEVING ORDER ISSEUD BY THE HEADMASTER DT. 16/9/15 EXT.P3: TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DT. 4F 16/9/15 EXT.P4: TRUE COPY OF THE JOINING REPORT ISSUED BY THE PRINCIPAL, DT. 16/9/15 EXT.P5: TRUE COPY OF THE JUDGMENT IN WPC 10160/13 DT.1ST OCTOBER 2015 RESPONDENT(S)' EXHIBITS:NIL --------------------------------------- TRUE COPY P.A TO JUDGE

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 33604 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2015

J U D G M E N T

The petitioner who was working as H.S.A (Mathematics) on 13.10.1998 was appointed as HSST (English on 16.09.2005. The petitioner is said to have joined on the said date itself. But, the petitioner's salary in the said post has not been disbursed till date for reason of the approval having not been granted. The petitioner prays that at least his salary as an H.S.A be paid. In such circumstance the petitioner definitely shall be entitled to payment of arrears of salary, in the post of H.S.A which arrears shall be calculated and paid within three months from the date of receipt of a certified copy of this judgment. It is also made clear that the petitioner's future salary definitely shall be paid from the month of December 2015. The petitioner shall also produce the necessary details before the first respondent through the 3rd

WPC.No.33604/2015 : 2 :

respondent so as to comply with the aforesaid orders and it is further made clear that the payment of salary in the post of H.S.A would definitely depend upon the final disposal of the approval of the petitioner in the post of HSST.

Writ petition is disposed of. No costs.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge