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2019 Supreme(Online)(KER) 33713

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

FRIDAY, THE 25TH DAY OF JANUARY 2019 / 5TH MAGHA, 1940

RP.No.67 of 2019 IN WP(C).31323/2018

AGAINST THE JUDGMENT IN WP(C) NO.31323/2018

REVIEW PETITIONER/S:

THE GENERAL MANAGER AND INSPECTOR OF NSS SCHOOLS,

PERUNNA P.O., CHANGANASSERY, KOTTAYAM DISTRICT, PIN-

686102.

BY ADV. SRI.V.VIJULAL

RESPONDENT/S:

1

K.AJITHAKUMARI, HSA (HINDI), NSS HIGH SCHOOL,

MANNOOR, THRIKKALATHUR P.O., MUVATTUPUZHA, ERNAKULAM

DISTRICT, PIN-686673.

2

STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,

GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,

THIRUVANANTHAPURAM-695001.

3

THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC

INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM-695014.

4

THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682030.

5

THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM

DISTRICT, PIN-686661.

BY SENIOR GOVERNMENT PLEADER, SMT.NISHA BOSE

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.01.2019,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.P.No.67/2019 2

This review petition is filed by the fifth

respondent in the writ petition. This writ

petition was disposed taking note that none

appeared for the fifth respondent. In the

judgment, there was a direction to the Department

to pay salary due to the writ petitioner and to

recover it from the Manager.

2. The learned counsel for the review

petitioner would submit that Vakkalath was filed

on 21.11.2018, by the time, the writ petition was

disposed. The learned counsel for the review

petitioner also would submit that the review

petitioner had already appointed a protected

teacher.

Anyhow, I am of the view that the review

petition has to be allowed. Accordingly, the

review petition is allowed and the writ petition

is restored to file.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

R.P.No.67/2019 3

APPENDIX

PETITIONER'S ANNEXURES:

ANNEXURE-1

CERTIFIED COPY OF THE JUDGMENT DATED 05.11.2018 IN

W.P.(C) NO.31323/2018.

RESPONDENTS ANNEXURES

NIL.

//TRUE COPY//

P.A.TO JUDGE

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