IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 OP.No. 22260 of 2002(Y) ----------------------- PETITIONER(S): --------------- JINESH K.PAUL, L.G.(HINDI) TEACHER, EBENZER H.S., VETTOOR BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. 3. THE HEADMASTER, EZHANZER H.S., VETTOOR. 4. THE MANAGER, EBENZER H.S., VETTOOR. GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/10/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.22260/2002 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF LETTER NO.B1-9650/2000 DATED 3-7-2002 FROM THE DEO MUVATTUPUZHA. EXT.P2. COPY OF APPOINTMENT ORDER DATED 1-6-1999 TO THE PETITIONER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P.No.22260 of 2002 ----------------------------------------- Dated this the 30th day of October, 2009 JUDGMENT The challenge is on Ext.P1 order passed by the District Educational Officer. The District Educational Officer has directed recovery of salary of the petitioner for the period he worked as Lower Grade Hindi Teacher during 1999-2000. The learned Government Pleader submits that this court need not go into the factual disputes involved in this case since the petitioner has got the remedy of appeal. Therefore, the writ petition is disposed of as follows. In the event of the writ petitioner filing an appeal against Ext.P1 within one month from today, the same shall be treated to have been filed in time and thereafter the appellate authority shall consider the matter with notice to the petitioner and the management and pass appropriate orders in accordance with law. Till orders are passed as above, there shall be no recovery. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.22260 of 2002 ----------------------------------- JUDGMENT 30th October, 2009