Petitioner challenged recovery order regarding pay/allowance for a substitute Headmaster. Court noted no official substitute was posted; senior teacher acted temporarily, thus dismissing the writ petition.
Writ petition closed without order for recovery of pay and allowance due to absence of appointed substitute Headmaster.
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 B.P.RAY
TUESDAY, THE 9TH DAY OF JULY 2013/18TH ASHADHA, 1935
WP(C).No. 15320 of 2006 (W)
PETITIONER(S):
FR.P.C.SIMON, MANAGER, E.M.LOWER PRIMARY SCHOOL, P.O.KATTAKAMPAL, THRISSUR DISTRICT.
BY ADV. SRI.P.V.CHANDRA MOHAN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM.
3. C.E.JOSE, RETIRED TEACHER, CHERUVATHOOR HOUSE, P.O.KATTAKAMPAL, THALAPPILLY TALUK, THRISSUR DISTRICT.
R1 & R2 BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN R3 BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.15320/2006 W
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
P.S.TO JUDGE
Kss
B.P. Ray, J.
====================================
W.P.(C)No.15320/2006
====================================
Dated this the 9th day of July, 2013.
JUDGMENT
the third respondent was the Headmaster. The grievance of the petitioner is that while directing regularisation of service of the third respondent, the Government directed that if a substitute Headmaster was posted in the place of the third respondent, the pay and allowance paid to him shall be recovered from the Manager. It is submitted by the learned counsel for the petitioner that no Headmaster has been appointed in the place of the third respondent. What was done was that the seniormost teacher was given the charge of the Headmaster. Therefore, if nobody has been appointed as the
W.P.(C)No.15320/2006
-:2:-
Headmaster, the question of recovery does not arise. Writ petition is
accordingly closed.
sl.
B.P. Ray, Judge.
1 issue framed by the court
Whether recovery of pay and allowance was applicable when a substitute Headmaster was not officially appointed.
FR.P.C.Simon
State of Kerala
The Assistant Educational Officer, Kunnamkulam
C.E.Jose
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
