Disposed

Mettilda Joseph v. State of Kerala

Kerala HC3 Nov 2006WP(C)/28876/2006

Case brief

AI extract

What is this about?

, the Court directed the Director of Higher Secondary Education to expedite a decision on the petitioner's representation (Ext.P10) regarding pending salary dues, ensuring due process of hearing.

What did the court decide?

, ordering the Director of Higher Secondary Education to consider the petitioner's representation on pending salary dues within two months, ensuring a hearing for both parties.

Mettilda Joseph Vs State of Kerala — Service and Employment | Kerala HC (2006)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE A.K.BASHEER

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FRIDAY, THE 3RD NOVEMBER 2006 / 12TH KARTHIKA 1928

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WP(C).No. 28876 of 2006(K)

PETITIONER:

METTILDA JOSEPH, HIGHER SECONDARY SCHOOL TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, NEENDOOR, KOTTAYAM DISTRICT.

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BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.NAVEEN.T SRI.C.X.ANTONY BENEDICT SMT.POOJA SURENDRAN SRI.PRADEEP KRISHNA

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM.

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THE MANAGER,

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ST.DOMINIC'S COLLEGE, KANJIRAPPALLY.

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THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM.

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BY GOVT.PLEADER SRI.A.J.VARGHESE.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.K. Basheer, J.

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W.P(C) No.28876 of 2006

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Dated this the 3^rd day of November, 2006. J U D G M E N T

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Petitioner claims that she was initially appointed as Junior Lecturer in the Department of Physics in St.Dominic's College, Kanjirappally in a leave vacancy with effect from September 5, 1996 till March 27, 1997. Thereafter she worked in another leave vacancy with effect from July 24, 1997 till November 30, 1997. Yet again she was appointed in another leave vacancy from July 13, 1998 till March 31, 2001. It is further contended by the petitioner that all the above appointments were approved under Exts.P1 to P3 orders. Further, she was paid salary upto March 31, 1999. It is the contention of the petitioner that she had discharged duties of Junior Lecturer in the college from April 1, 1999 till December 22, 2000 and therefore she ought to have been paid salary for the said period.

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I do not propose to deal with any of the above contentions in view of the limited prayer made by the learned counsel for the petitioner at the Bar. He submits that petitioner has preferred Ext.P10 representation before respondent No.2 in this regard highlighting all the relevant aspects of the issue. The limited prayer is to issue a direction to respondent No.2 to take a decision on Ext.P10.

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In the above facts and circumstances the writ petition is disposed of with a direction to respondent No.2 to consider and pass orders on Ext.P10 as expeditiously as possible, at any rate within

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WP.28876/06.

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two months from the date of receipt of a copy of this judgment. Respondent No.2 shall ensure that petitioner and the Manager of the schools are afforded sufficient opportunity to be heard before any decision is taken in the matter.

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Petitioner shall produce a certified copy of the judgment along with a copy of the writ petition before respondent No.2 for compliance.

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A.K. Basheer Judge.

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an.

Mettilda Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mettilda Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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