LAWS(KER)-2018-6-327

MANAGER, ST MICHAELS COLLEGE Vs. M MOHANDAS

Decided On June 26, 2018
Manager, St Michaels College Appellant
V/S
M Mohandas Respondents

JUDGEMENT

(1.) The Manager of St.Michael's College, Cherthala, the sixth respondent in W.P.(C) No. 2323 of 2016, is the appellant. This appeal is filed challenging the judgment dated 11.1.2018 of the learned Single Judge finally disposing of the writ petition. The writ petition was filed challenging Ext.P13 order by which a claim for salary made by the first respondent herein for the period from 7.11.1996 to March, 2001 was disallowed by the appellant.

(2.) The dispute arose in the following facts and circumstances:

(3.) As per Ext.P9 judgment, Ext.P8 order passed by the State Government was quashed to the extent it gave only prospective effect to the appointment of the first respondent as an HSST. It was held that he was entitled to be appointed as HSST from 4.6.2003 with notional seniority. However, he was not entitled to the monetary benefits. This Court also held that he was not qualified to be appointed as a Junior Lecturer as on the date of his initial appointment. In the absence of any proceedings by the Government relaxing the qualifications, this Court held that the first respondent was not entitled to any relief. However, it was observed that the first respondent would be entitled to prefer a claim against the appellant herein.