LAWS(KER)-2012-6-166

JAYAPRAMOD P Vs. DEPUTY DIRECTOR OF EDUCATION KOZHIKODE

Decided On June 18, 2012
JAYAPRAMOD P. Appellant
V/S
DEPUTY DIRECTOR OF EDUCATION Respondents

JUDGEMENT

(1.) THE petitioner is a H.S.A (Mathematics) in an aided school. Originally the petitioner was appointed in a leave vacancy. Subsequently, the petitioner was accommodated in a regular vacancy on retirement of an incumbent, from 2.6.2008 by Ext.P9 order. But the 2nd respondent refused to approve the same. Ext.P13 order has also been passed withholding payment of salary to the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs;

(2.) ON 30.10.2009, this Court passed the following interim order; "Learned Government Pleader submitted that the retention of the petitioner even though ordered in Exhibit P8, as per staff fixation for the year 2008-2009, a Physical Science Teacher has been directed to be accommodated against the retirement vacancy. Actually, the petitioner has been appointed against that vacancy by Exhibit P9 and he is entitled for such appointment going by Exhibit P8. Apart from that, even going by Exhibit P8, the Deputy Director of Education had clearly held that the post of H.S.A (Maths) cannot be filled up by a Physical Science Teacher. Therefore, merely because of the staff fixation order the same was done, that will go against the stipulations contained in Exhibit P8. In that view of the matter, the denial of salary to the petitioner as per Exhibit P13 cannot be justified. There will be an interim stay of Exhibit P13 for a period of one month. The salary admissible to the petitioner including arrears will be released without delay."

(3.) IN the facts and circumstances of the case, it is only appropriate that the 2nd respondent passes consequential orders pursuant to Ext.P14 order. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to pass consequential orders in accordance with Ext.P14 order, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till then, the interim order passed by this Court would continue to be in force.