IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, VIJU ABRAHAM, G. GIRISH, JJ.
Valsala Milka B. (Died) W/o. Chandramohan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Anil K. Narendran, J
This intra-court reference arises out of the order of reference dated 07.07.2022 of a Division Bench of this Court in W.A.No.139 of 2022 filed by the original appellant-writ petitioner, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, against the judgment dated 14.12.2021 of the learned Single Judge in W.P.(C)No.857 of 2019. During the pendency of the writ appeal, the original appellant died and her legal representatives are impleaded as supplemental appellants 2 to 4 by the order dated 27.11.2024.
2. The writ petition, i.e., W.P.(C)No.857 of 2019, was one filed by the original appellant, who retired from service on 31.03.2011 while working as an Associate Professor in the Department of Physics, the Christian College, Kattakada, a college affiliated with the University of Kerala. The writ petition was filed, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 communication dated 12.02.2018 of the 2nd respondent Director of Collegiate Education; a writ of mandamus commanding the respondents to disburse the Death-Cum-Retirement Gratuit
A teacher awarded a fellowship for Ph.D must refund salary if they fail to complete the course, as serving without completion does not absolve liability under the bond.
Important points:Liability fixation process has not been completed by issuance of show cause notice and hearing the teacher concerned/pensioner concerned within a period of three years from the date ....
A teacher's liability to refund salary for not completing a Ph.D. remains enforceable under the bond despite continued service, ensuring compliance with statutory provisions.
The court held that a teacher in a private aided school, whose services were taken over by the state, is entitled to grant-in-aid for salary with payments limited to three years prior to filing due t....
The main legal point established in the judgment is the binding nature of previous court decisions in similar cases, the finality of decisions made by the Hon’ble Division Bench and Co-ordinate Bench....
PTA-appointed Assistant Professor from reserved category meeting relaxed 50% Master's marks and eligibility test criteria entitled to Grant-in-Aid salary from appointment date; denial despite parity ....
The main legal point established in the judgment is the requirement to adhere to the principle of natural justice in decisions affecting employees, the authority of the Public Service Commission to m....
An employee's right to pension is statutory and cannot be forfeited without due process, emphasizing the need for formal inquiry before denying benefits due to unauthorized absence.
The court affirmed teachers over 50 years are exempt from qualification tests, ruling the denial of a qualified candidate's appointment as Headmaster was illegal and mandated payment of owed salary a....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.