IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 W.A.No.1430 of 2011 -------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).10194/2006-L, DATED 23/09/2011 .... .................... APPELLANT (7TH RESPONDENT):- ------------------------------------------------- K.M.SHANAVAS, H.S.A (PHYSICAL SCIENCE), R.M.HIGH SCHOOL, MELATTUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS (PETITIONER & RESPONDENTS 1 TO 6:- --------------------------------------------------------------------------------- 1. N.BINDU, HIGH SCHOOL ASSISTANT (ENGLISH), R.M.HIGH SCHOOL, MELATTUR, MALAPPURAM DISTRICT-679 326. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-695 001. 4. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-679 001. 5. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-679 001. W.A.NO.1430 OF 2011 - 2 - 6. THE MANAGER, R.M.HIGH SCHOOL, MELATTUR, MALAPPURAM DISTRICT-679 326. 7. SUGUNA PRAKASH, H.S.A (NATURAL SCIENCE) R.M.HIGH SCHOOL, MELATTUR, MALAPPURAM DISTRICT. R1 ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH R2 TO R5 BY GOVT. PLEADER SRI.GEORGE MECHERIL. R6 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R7 BY ADV.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.A.NO.1430 OF 2011 APPENDIX APPELLANT'S ANNEXURES:- ----------------------------------------- ANNEXURE A1 - TRUE COPY OF PROBATION ORDER OF THE APPELLANT. ANNEXURE A2 - TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION. ANNEXURE A3 - TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT DATED 21.12.2007. RESPONDENTS' ANNEXURE:- ------------------------------------------ ANNEXURE R6(a) - TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 5.11.2011 ENTERED INTO BETWEEN THE DEPONENT (SIXTH RESPONDENT), THE APPELLANT AND THE FIRST RESPONDENT. vku/- C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.A No. 1430 of 2011 ---------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T C.N. Ramachandran Nair , J When this appeal is taken up for hearing, counsel appearing for the appellant and various counsel appearing for the respondents submitted that there is a settlement among the contesing parties wherein the first respondent, the writ petitioner in the writ petition in whose favour the learned Single Judge allowed the case, is willing to forgo salary on condition of protecting her seniority from the date on which she was eligible to be appointed under Government Orders. The beneficiary under the settlement is the appellant who otherwise will be liable to refund the salary drawn by him for the post of English Teacher held by him, which he was not entitled under the judgment. Government Pleader submitted that so long as two persons are not given salary, for the same period and for the same post Government may not have grievances. We record Annexure R6 (a) settlement directing the other respondents to give notional posting and seniority to Writ Appeal No.1430/2011 : 2 : the first respondent for the post of English Teacher and forbearing from recovery of salary paid to the appellant. The appellant will be given eligible posting for the post of teacher in Physical Science. The appellant will get the seniority from the date of his appointment as a Physical Science teacher. Writ Appeal is disposed of as above. C.N. RAMACHANDRAN NAIR (Judge) K. VINOD CHANDRAN (Judge) jma