IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WA.No. 2411 of 2007 ------------------------ AGAINST THE JUDGEMENT IN WPC.4238/2005 Dated 14/08/2006 .................... APPELLANTS/RESPONDENTS: --------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. BY GOVERNMENT PLEADER SRI. BENNY GERVASIS. RESPONDENT/PETITIONER: ------------------------------ LEELAMMA JOSEPH, HEADMISTRESS, GLPS, KULASEKHARAPURAM, ARUNOOTTIM ANGALAM. ADV. SRI.C.G.SUNIL SRI.SAJI MATHEW SRI.DENU JOSEPH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, ALONG WITH W.A. No.10 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------ Writ Appeal No.2411 OF 2007 & Writ Appeal No.10 OF 2008 ------------------------------------------ Dated this the 21st day of January, 2009. J U D G M E N T Kurian Joseph, J. These are appeals filed by the State aggrieved by the common judgment dated 14.08.2006 in W.P.(C) Nos.4238 and 4243 of 2005 and W.P.(C) No.5024 of 2006. It is seen that the State had already filed Writ Appeal No.3008/2007 against the judgment in W.P.(C) No.4243/2005. The said writ appeal was allowed subject only to the clarification that the salary drawn by the writ petitioner in the promoted post of Headmistress shall not be recovered. 2. Heard the learned Senior Government Pleader appearing for the appellants and the learned counsel appearing for the writ petitioners. 3. In Writ Appeal No.10/2008, the writ petitioner was never promoted as Headmistress and hence there arises no question of W.A.Nos.2411/07 & 10/08 2 recovery. In Writ Appeal No.2411/2007 arising from W.P.(C) No.4238/2005, it is seen that though the writ petitioner has worked in the promoted post of Headmistress, she had not been paid salary and other benefits attached to the post. In the above circumstances, Writ Appeal No.10/2008 is allowed. The judgment in W.P.(C) No.5024/2006 is set aside and the said writ petition is dismissed. The Writ Appeal No.2411/2007 is also allowed subject to the clarification that the writ petitioner shall be entitled to salary and other benefits attached to the post of Headmistress during the period she actually worked in the said post. KURIAN JOSEPH JUDGE P.R. RAMACHANDRA MENON JUDGE smp W.A.Nos.2411/07 & 10/08 3 KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. W.A. Nos. 2411 OF 2007 & 10 OF 2008 J U D G M E N T 21.01.2009