Allowed

The Manager, B.N.V. Vocational and Higher Secondary School v. Vishnu N.R.

Kerala HC4 Oct 2021WA/1055/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ appeal filed against an interim order directing salary disbursement. The court vacated the interim order, noting the petitioner should have filed a review petition against the disposed judgment instead. Parties were directed to raise contentions in the review petition.

What did the court decide?

Vacated the interim order in IA No.2 of 2021 dated 29.07.2021 and allowed the appeal.

The Manager, B.N.V. Vocational and Higher Secondary… — Service and Employment | Kerala HC (2021)

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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.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 4^TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943

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WA NO. 1055 OF 2021

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AGAINST THE INTERIM ORDER IN IA NO.2/21 IN WP(C) 24217/2020 OF HIGH COURT OF KERALA, ERNAKULAM DATED 29.07.2021 APPELLANTS/4TH & 5TH RESPONDENTS:

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1 THE MANAGER, B.N.V. VOCATIONAL AND HIGHER SECONDARY SCHOOL THIRUVALLAM, THIRUVANANTHAPURAM-695027.

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2 M.P.LAKSHMI, PLOT NO.46, ASWATHY GARDENS, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM-695026.

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3:

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1 VISHNU N.R., AGED 29 YEARS KUTTIKKATTU VEEDU, PONNAMBI, VELLARADA P.O., THIRUVANANTHAPURAM-695505.

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2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

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3 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.

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WA No.1055 of 2021

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4 THE DISTRICT EDUCATION OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICER, STATUE, THIRUVANANTHAPURAM-695001.

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BY ADVS. ASIF N BINDU SREEDHAR RAMABHADRAN K.

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OTHER PRESENT:

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SR GP PREMCHAND R NAIR

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA No.1055 of 2021

JUDGMENT

Mohammed Nias.C.P. J.

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The above writ appeal is filed against the interim order dated 29.07.2021 in I.A.No.2 of 2021 in WP(C)No.24217 of 2020. The above writ petition was disposed of on 24.03.201 directing the second respondent – Director General of Education to consider the appeal submitted by the petitioner and pass appropriate orders after hearing all the affected parties. It is further held that the petitioner shall be permitted to make a representation before the DGE pointing out his contention. After the disposal of the writ petition, IA No.2 of 2021 was filed with a prayer that a direction be given to continue disbursement of salary to the petitioner till a final decision is taken on Ext.P6. It is to be noted that no application for review was filed and IA No.2 of 2021 was filed by the writ petitioner, in a disposed writ petition seeking clarification/modification of the judgment. The proper course for the writ petitioner was to move a review petition against the final judgment and not by filing the application aforesaid.

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Today when the matter is taken up, the learned counsel for the writ petitioner, the first respondent herein, submitted that a review

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WA No.1055 of 2021

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petition has been filed against the final judgment in WP(C)No.24217 of 2020. In that view of the matter we vacate the order passed in IA No.2 of 2021 dated 29.07.2021 and allow the appeal, leaving the parties to raise their contentions in the review petition stated to be filed.

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The writ appeal is allowed accordingly.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR,

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JUDGE

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Sd/- MOHAMMED NIAS C.P. JUDGE

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dlk 4.10.2021

The Manager, B.N.V. Vocational and Higher Secondary School v. Vishnu N.R.

Case brief

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The Manager, B.N.V. Vocational and Higher Secondary School v. Vishnu N.R.

Case brief

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