Kerala High Court
Rt. Rev. Dr. Royce Manoj Victor vs State Of Kerala on 25 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NO. 1507 OF 2024 1
2024:KER:71686
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WA NO. 1507 OF 2024
AGAINST THE ORDER DATED 12.09.2024 IN WP(C) NO.17628
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/4TH RESPONDENT IN THE WRIT PETITION :
RT. REV. DR. ROYCE MANOJ VICTOR
S/O. T.S. VICTOR, BISHOP-IN-CHARGE, CHURCH OF
SOUTH INDIA, SOUTH KERALA DIOCESE (SIUC), OFFICE
OF THE BISHOP, LMS COMPOUND, THIRUVANANTHAPURAM
( SOUGHT TO BE IMPLEADED ), PIN - 695033
BY ADVS.
NISHA GEORGE
ANN MARIA FRANCIS
GEORGE POONTHOTTAM (SR.)
REGINALD VALSALAN
RESPONDENTS/RESPONDENTS 1 TO 3 AND WRIT PETITIONER :
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX II, THIRUVANANTHAPURAM,
PIN - 695001
WA NO. 1507 OF 2024 2
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2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
PALAYAM, THIRUVANANTHAPURAM, PIN - 695036
4 THE CORPORATE MANAGER (MOST. REV. A. DHARMARAJ
RASALAM)
AGED 68 YEARS
SON OF ALBERT, CORPORATE MANAGEMENT OF L M
SCHOOLS, THIRUVANANTHAPURAM, PIN - 695033
BY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 1507 OF 2024 3
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JUDGMENT
A.Muhamed Mustaque, Acg.C.J. In this appeal, the interim order in W.P.(C)No.17628 of 2024 dt.12.09.2024 is called in question. There apparently exist disputes regarding the Corporate Management aided Schools.
2. The learned Single Judge, by an interim order, ordered that the salary be paid to all the teachers on approval of transfer and promotion. The learned Single Judge further noted that this will be subject to the eligibility conditions.
3. We make it clear that the interim order passed as above is only to enable the payment of salaries, and the educational authority is bound to examine whether transfers and promotions are in accordance with the relevant rules. Anyway, the appellant in no way would be affected by such a direction, the salary will have to be released to those teachers by the department. It is for the department to WA NO. 1507 OF 2024 4 2024:KER:71686 safeguard themselves as to the arrears of the salary. Necessarily while considering the approval of transfers and promotions, any other objections shall also be adverted.
We find no scope for interference in this matter. Therefore, this appeal is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, ACTING CHIEF JUSTICE Sd/-
S.MANU, JUDGE rkj WA NO. 1507 OF 2024 5 2024:KER:71686 APPENDIX OF WA 1507/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 13.8.2024 PASSED BY THE HON'BLE SUPREME COURT OF INDIA IN SLP (C) NO. 9079-9081 OF 2024 Annexure 2 TRUE COPY OF THE PROCEEDING OF THE SLP (C) NO. 9079 OF 2024 (DIARY NO.
16987/2024) AS AVAILABLE FROM THE SUPREME COURT WEBSITE