The Court dismissed this writ appeal as infructuous. Following the Single Judge's order and the Appellant's subsequent submission, an order exonerating the State of liability was passed, closing the matter. No substantive legal principles were applied.
Writ appeal dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 31ST DAY OF JANUARY 2012/11TH MAGHA,1933
WA.No. 1346 of 2010 ( E)
AGAINST THE ORDER/JUDGMENT IN OP.9110/2001 DATED 05-02-2010
APPELLANT(S)/RESPONDENTS 1 & 2 IN OP:
BY ADV. GOVERNMENT PLEADER SRI. GEORGE MECHERIL.
RESPONDENT(S)/PETITIONER & 3RD RESPONDENT IN THE OP:
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
ANNEXURE R1(A) TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 17.6.2010.
[true copy] P.S.TO JUDGE.
C.N. RAMACHANDRAN NAIR &
BABU MATHEW P. JOSEPH, JJ.
W.A. No. 1346 OF 2010
Dated this the 31st day of January, 2012
J U D G M E N T
Ramachandran Nair, J
State has filed this Writ Appeal challenging the judgment of the learned Single Judge dismissing the writ petition filed by the first respondent for regularisation of his appointment as a drawing teacher. The judgment appears to be accepted by the first respondent whose appointment was not regularised for want of regular post in the cadre of drawing teacher. However, the learned Single Judge while dismissing the claim for regularisation, directed the Assistant Educational Officer to consider payment of salary for the period the first respondent worked in the school. The learned Government Pleader
W.A. No. 1346 OF 2010
: 2 :
submitted that based on judgment the Assistant Educational Officer passed an order on 17.6.2010 declaring that the first respondent is entitled to get salary from the Manager or the Head Master, as the case may be, in charge of the school.
In the first place, State has no grievance against the judgment and as of now the position is made very clear by the consequential order issued by the Assistant Educational Officer exonerating State from any liability. Consequently the Writ Appeal is closed as infructuous.
Sd/- C.N. RAMACHANDRAN NAIR, JUDGE.
Sd/- BABU MATHEW P. JOSEPH, JUDGE.
ul/-
[True copy]
P.S. to Judge.
State of Kerala Rep by Secretary to Government, General Education Department, Thiruvananthapuram
Assistant Educational Officer, Payyannur
K.Balasubramanyan, Drawing Teacher, Many Guru U.P. School, Karivellur
Manager, Many Guru U.P. School, Karivellur
C.N.Ramachandran Nair
Babu Mathew P.Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
