IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 34659 of 2008(A) ---------------------------------------- PETITIONER(S): ------------------------ SAFFIYA. T, FULL TIME ARABIC TEACHER, ST. PETER'S U.P. SCHOOL, CHALIL, THALASSERY, KANNUR DISTRICT. BY ADV.MR.A.RAJASIMHAN RESPONDENT(S): --------------------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH, KANNUR, 4. MANAGER, ST. PETERS'S U.P. SCHOOL, CHALIL, THALASSERY, KANNUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. T.T. MUHAMOOD R4 BY ADV. DR.ABRAHAM P.MEACHINKARA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34659/2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(P) NO.226/2003/G.EDN. THIRUVANANHAPURAM DTD. 14/06/2003. EXT.P2: COPY OF THE LETTER BY CORPORATE MANAGER DTD. 30/06/2005. EXT.P3: COPY OF THE JUDGMENT DTD. 30/09/2005 IN WPC.NO.24387/2005. EXT.P4: COPY OF G.O.(RT) NO.1309/06/G.EDN. DTD. THIRUVANANHAPURAM 28/03/2006. EXT.P5: COPY OF THE JUDGMENT DTD. 8/06/2007 IN WPC.NO.11136/06. EXT.P6: COPY OF THE HEARING LETTER DTD. 15/09/2007. EXT.P7: COPY OF THE G.O.(RT) NO.4780/2008/G.EDN. DTD. THIRUVANANHAPURAM 29/10/2008. EXT.P8: COPY OF THE HERING NOTE SUBMITTED BY THE HEARING OFFICER, DTD. 21/02/2008. EXT.P9: COPY OF TRANSFER ORDER DTD. 02/02/2008. EXT.P10: COPY OF THE LETTER OF AEO DTD. 12/11/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.34659 of 2008-A ------------------------------- Dated this the 26th February, 2009. J U D G M E N T Heard Sri.A.Rajasimhan, the learned counsel appearing for the petitioner, Sri.T.T.Muhamood, the learned Government Pleader appearing for the official respondents and Dr.Abraham P.Meachinkara, the learned counsel appearing for the fourth respondent. 2. The petitioner is a Full time Arabic Teacher. She was formerly working in St.Peter's U.P.School, Chalil in Kannur District. She entered service on 8.6.1977. During the academic year 2005- 06, as a result of fall in student strength, she became a surplus teacher in St.Peter's U.P.School, Chalil. According to the petitioner as she had more than 23 years of service, she was entitled to be retained in the parent school itself in terms of Exhibit P1 Government order dated 14.6.2003. However the Educational Officers took the stand that the petitioner cannot continue in St.Peter's UP School, Chalil. Her salary for the period from July 2005 onwards was therefore not disbursed. W.P(C) No.34659 of 2008-A 2 3. Aggrieved by the non-payment of salary, the petitioner filed W.P(C)No.24387 of 2005 in this Court. By Exhibit P3 judgment delivered on 30.9.2005 this Court disposed of the writ petition with a direction to the petitioner to file a representation before the State Government. The State Government was directed to take a final decision in the matter. This Court also directed that till the State Government takes a final decision in the matter, the writ petitioner will be retained in the parent school (St.Peter's UP School, Chalil) and salary due to her from July 2005 onwards paid subject to the decision on her representation. 4. Pursuant to the directions issued by this Court in Ext.P3 judgment, the Government heard the petitioner and the Manager and passed Exhibit P4 order dated 28.3.2006 rejecting her request to be retained in St.Peter's UP School, Chalil. The Government directed the educational agency to accommodate her in any other school under their management by retrenching the junior most Arabic Teacher. Aggrieved by Exhibit P4, the petitioner filed W.P(C) No.11136 of 2006 in this Court. By Exhibit P5 judgment delivered on 8.6.2007 this Court quashed Exhibit P4 and directed the Government to reconsider the matter. It was also ordered that till a W.P(C) No.34659 of 2008-A 3 fresh decision is taken in the matter, the petitioner shall continue in St.Peter's UP School, Chalil. 5. As directed by this Court in Exhibit P5 judgment, the Government reconsidered the matter. The petitioner was heard by Sri.S.Mohan, Under Secretary to Government, General Education Department at the hearing held on 4.10.2007. Exhibit P8 hearing note discloses that the said officer took the view that the petitioner is entitled to get the benefit of Exhibit P1. However by Exhibit P7 order passed on 29.10.2008, one year after the hearing was held, another officer rejected the petitioner's claim and directed the educational officers to take urgent steps to deploy the petitioner after retrenching the junior most Arabic teacher under the cooperate educational agency. This writ petition was thereupon filed on 24.11.2008 seeking the following reliefs: “1. Issue a writ of certiorari, or any other writ, order or direction, quashing Exhibit P7 order (G.O.(Rt) No.4780/2008/G.Edn. dated, Thiruvananthapuram, 29.10.2008) as it is illegal, arbitrary and unreasonable. 2. Declare that petitioner is entitled to be retained in the same school.” 6. The Assistant Educational Officer, Thalassery South had in the meanwhile issued Ext.P10 order dated 12.11.2008 directing W.P(C) No.34659 of 2008-A 4 the Manager to transfer the petitioner with retrospective effect from 15.7.2005 to another school in Kasaragod District under his management. The Manager thereupon issued Ext.P9 order dated 2.12.2008 transferring the petitioner to St.Antony's UP School, Thayyil in the vacancy of Smt.Sheema Sucy William V, who had left the school on being appointed in Government service. The petitioner accepted Ext.P9 and jointed duty in St.Antony's UP School, Thayyil on 2.12.2008 itself. 7. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner accepts the transfer under Ext.P9 and that her only claim now is regarding payment of salary from October 2008 onwards, which has not been paid to her in view of the direction issued in Exhibit P7. The learned counsel for the petitioner also submitted that the petitioner's service till 2.12.2008 in St.Peter's UP School, Chalil may be regularised. The learned Government Pleader appearing for the official respondents contended relying on Rules 18 and 19 of Chapter XIV A of the KER that salary can be disbursed to the petitioner only after she produces the last pay certificate and that salary upto 2.12.2008 can be drawn only through the W.P(C) No.34659 of 2008-A 5 Headmaster of St.Peter's UP School, Chalil. 8. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Since the petitioner has now accepted Ext.P7 Government order and Ext.P9 order issued by the Manager in implementation of Ext.P7, I am of the opinion that the issue can be resolved by regularising the service of the petitioner till 2.12.2008 in St.Peter's UP School, Chalil and thereafter in the school to which he was transferred as per Ext.P9. I accordingly direct the Headmaster of St.Peter's UP School, Chalil to draw and disburse the arrears of salary due to the petitioner from October 2008 till 2.12.2008 and also to issue the last pay certificate. This shall be done within one month from the date on which the petitioner produces a certified copy of the judgment. The Assistant Educational Officer concerned shall within two weeks from the date of receipt of the arrear bill take steps to disburse the arrears of salary to the petitioner for the said period. The Assistant Educational Officer concerned shall thereafter approve the petitioner's transfer to St.Antony's UP School, Thayyil and shall also take steps to disburse to the petitioner, arrears of salary and allowances from 2.12.2008 onwards. Necessary orders in that W.P(C) No.34659 of 2008-A 6 regard shall be issued and salary and allowances disbursed, expeditiously and in any event within three months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. No costs. P.N.RAVINDRAN JUDGE ab