The Headmaster vs The Headmaster
2021 Latest Caselaw 403 Ker

             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

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

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