IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
RP.No.775 OF 2019 IN WP(C). 27829/2018
AGAINST THE JUDGMENT IN WP(C) 27829/2018, DATED 18.02.2018 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/6TH RESPONDENT:
THE HEADMASTER, CALICUT GIRLS VOCATIONAL AND HIGHER
SECONDARY SCHOOL, KUNDUNGAL, P.O KALLAI,
KOZHIKODE DISTRICT - 673 003.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 5:
1 MAJIDA.T.K, W/O. MUSIN ALI K,
HIGH SCHOOL ASSISTANT (ARABIC),
CALICUT GIRLS VOCATIONAL AND HIGHER SECONDARY SCHOOL,
KUNDUNGAL, P.O. KALLAI, KOZHIKODE DISTRICT-673 003.
2 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, ANNEX-II, TRIVANDRUM-695 001
3 DIRECTOR OF PUBLIC INSTRUCTION, SECRETARIAT,
THIRUVANANTHAPURAM - 695 014.
4 THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE DISTRICT-673 001.
5 THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE DISTRICT - 673 001.
6 THE MANAGER,
CALICUT GIRLS VOCATIONAL AND HIGHER SECONDARY SCHOOL,
KUNDUNGAL, P.O KALLAI, KOZHIKODE DISTRICT-673 003.
BY ADVS. SRI.P.NANDAKUMAR, SRI.S.ANEESH
SMT.AMRUTHA SANJEEV, SRI.K J MANURAJ, GP
SRI.V.A.MUHAMMAD
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.775/2019 IN WP(C)No.27829/2018
-2-
ORDER
Dated this the 6th day of January 2021 The review petition was filed by the 6 th respondent in writ petition, the Headmaster, Calicut Girls Vocational and Higher Secondary School.
2. The writ petition was filed, by an Arabic teacher working in the School, in regard to the disbursal of salary. This Court disposed of the writ petition noting that if the writ petitioner is having approval, she shall be given salary from the current month onwards subject to any disciplinary proceedings initiated. It is further directed that the Headmaster shall permit the writ petitioner to mark her attendance and discharge her duties.
3. According to the review petitioner, in fact proceedings were initiated for cancellation of her RP.No.775/2019 IN WP(C)No.27829/2018 -3- approval and that was not brought to the notice of this Court. It is also submitted that disciplinary action was initiated against the 6th respondent on account of this.
4. This Court in fact had not gone into the merits of any issues. This Court only directed to pay salary if the writ petitioner is having approval and no direction was issued against the interest of the Headmaster. If the Headmaster is having any independent interest to protect her right, that certainly can be urged in appropriate proceedings, notwithstanding the directions given as above.
With the clarification as above, the review petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE akv RP.No.775/2019 IN WP(C)No.27829/2018 -4- APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE LETTER SENT BY THE REGISTERED POST TO 3RD AND 4TH RESPONDENTS DATED 06-04-2019 ANNEXURE A2 A TRUE COPY OF THE LETTER DATED 17-05-2019 ISSUED BY THE 6TH RESPONDENT/ MANAGER ANNEXURE A3 A TRUE COPY OF THE REPLY SUBMITTED THE 6TH RESPONDENT ANNEXURE A4 TRUE COPY OF THE LETTER DATED 30.05.2017 OBTAINED UNDER RTI ACT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE