Rt. Rev. Dr. Royce Manoj Victor vs State Of Kerala
2024 Latest Caselaw 28426 Ker

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

                                                               2024:KER:71686

    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

                                               2024:KER:71686

                       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

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

2024:KER:71686

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