IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7666 of 2011(G) ------------------------------------- PETITIONER: ------------------- SAIDALIKUTTY P.K, HIGHER SECONDARY SCHOOL TEACHER, P.K.M.M. HIGHER SECONDARY SCHOOL, EDARIKKOD.P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.K.T.SHYAMKUMAR, SRI.HARISH R. MENON. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM, PIN – 695 001. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE, PIN – 673 001. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7666 OF 2011 --------------------------------------- Dated this the 11th day of March, 2011. J U D G M E N T The petitioner is working as Higher Secondary School Teacher in the P.K.M.M. Higher Secondary School, Edarikkod in Malappuram District. He was appointed as such from 01.09.2000. The petitioner was continuing as a Higher Secondary School Teacher (Arabic). In Exhibit P2 order of the 3rd respondent, it was stated that the post of HSST (Arabic) which has been continuing till 2005-06 cannot be continued from 2006-07 onwards for the reason that there is shortage of periods. In the light of the above, actions were initiated and finally, by Exhibit P7 order, the statutory appeal was disposed of by the Director of Higher Secondary Education. It is the finding that the petitioner received the salary of HSST though he was eligible to be paid only that of HSST(Jr.) with effect from the academic year 2005-06. The Director of Higher Secondary Education, therefore, directed the Regional Deputy Director, Higher Secondary W.P.(C) No.7666/2011 2 Education, Kozhikode to effect monthly recovery in such a way that the monthly instalment does not exceed one third of the incumbent's net salary. 2. Aggrieved by the above order, the petitioner has approached the Government by filing a revision petition as per Exhibit P8. Learned counsel for the petitioner prayed that the revision petition may be directed to be disposed of within a time frame. The petitioner has also sought for an interim order in Exhibit P8. There will be a direction to the Government to take a decision on Exhibit P8 revision petition, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. Till orders are passed on the revision petition, further action pursuant to Exhibit P7 for effecting recovery will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp