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A.P.JOSEPH versus SCY.TO GOVT.,GED., TVM

High Court of Kerala

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A.P.JOSEPH v. SCY.TO GOVT.,GED., TVM - OP No. 12898 of 1997(I) [2007] RD-KL 5733 (21 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 12898 of 1997(I)

1. A.P.JOSEPH
... Petitioner

Vs

1. SCY.TO GOVT.,GED., TVM.
... Respondent

For Petitioner :SRI.V.A.MUHAMMED

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :21/03/2007

O R D E R

KURIAN JOSEPH, J.

O.P.No.12898 of 1997 Dated 21st March, 2007.

J U D G M E N T

Petitioner is aggrieved since he is not granted the benefit of the service as Physical Education Teacher in the school managed by the 4th respondent with effect from 7.12.1989 to 14.7.1994. In the counter affidavit, it is clearly stated that there was no sanctioned post under the management till 15.7.1994. Therefore, the question of restoration of Physical Education Teacher as per Ext.P9 Government Order dated 17.12.1998 does not arise. There was no sufficient work also available for sanctioning a regular post of Physical Education Teacher during the relevant period. It is the contention of the learned counsel for the petitioner that he has actually worked in the school. Since the work was without a sanctioned post, no liability can be fixed on the Government to pay salary. Therefore, there is no merit in the writ petition. It is dismissed.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No.12898 of 1997 (I)

J U D G M E N T

Dated 21st March, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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