IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 34447 of 2008(A) ----------------------------------------- PETITIONER(S): ------------------------- ANIL MATHEW, AGED 39 YEARS, S/O.K.T.MATHEW, UPPER PRIMARY SCHOOL ASSISTANT, S.H.U.P. SCHOOL, CHAMPAKULAM (RESIDING AT KALAPURAKKAL HOUSE, P.O.EDATHUA, ALAPPUZHA DISTRICT). BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD, ALAPPUZHA DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, MONCOMBU, ALAPPUZHA DISTRICT. 5. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF C.M.I.SCHOOLS PROVINCE OF ST.JOSEPH, TRIVANDRUM-14. BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34447/2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C.NO.32706/2005 R DTD. 27/07/2006. EXT.P2: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.16821/2008 C DTD. 20/06/2008. EXT.P3: COPY OF THE ORDER NO.C/1186/08 OF THE ASST.EDL. OFFICER DTD. 04/09/2008. EXT.P4: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 07/10/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.34447 of 2008-A ------------------------------ Dated this the 27th day of March, 2009. J U D G M E N T Heard. Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.T.T.Muhamood, the learned Government Pleader appearing for the official respondents. 2. The petitioner is a teacher appointed by the fifth respondent. She had earlier approved service as HSA (SS) in the fifth respondent's school. When a vacancy of UPSA arose on 3.8.2004, the Manager appointed the petitioner in that vacancy. The Assistant Educational Officer declined to approve the appointment. The appeal and revision petition filed by the Manager were dismissed. The petitioner thereafter moved this Court in W.P(C) No.16821 of 2008. By Ext.P2 judgment delivered on 20.6.2008, relying on Ext.P1 judgment in W.P(C) No.32706 of 2005, a learned Single Judge of this Court held that the petitioner's appointment is liable to be approved if it is otherwise in order. Thereafter the Assistant Educational Officer issued Ext.P3 order dated 4.9.2008 approving the petitioner's appointment as UPSA in the fifth respondent's school during the period from 3.8.2004 to 31.3.2005, in the leave vacancy W.P(C) No.34447 of 2008-A 2 of Smt.Mini Rose Antony. The grievance voiced by the petitioner is that notwithstanding the approval granted by Ext.P3, she has not been paid salary and allowances till date. 3. The learned Government Pleader appearing for the official respondents submits on instructions that the Government have decided to accept the directions issued by this Court in Ext.P2 judgment and that necessarily therefore the petitioner will be paid salary and allowances. I accordingly dispose of this writ petition with a direction to the Assistant Educational Officer to take steps to disburse the salary and allowances due to the petitioner for the period during which she was appointed as UPSA in terms of Ext.P3 order of approval. Payment as directed above shall be made within one month from the date on which the arrear bill is received from the Headmaster of the school where the petitioner was employed. The fifth respondent, the Corporate Manager shall issue and necessary instruction to the Headmaster of the school to submit the arrear bill to the Assistant Educational Officer concerned within one month from today. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN, JUDGE ab W.P(C) No.34447 of 2008-A 3