IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 12370 of 2008(V) -------------------------------------- PETITIONER(S): ----------------------- 1. MINI T.NAIR, W/O.SURESH.S., SREEPADAM, MULAKUZHA, CHENGANNOOR (UPPER PRIMARY SCHOOL ASSISTANT, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA). 2. SUSMITHA R.NAIR, W/O.G.MADHU, KALEEKAL HOUSE, THRIPPERUMTHURA P.O., CHENNITHALA, MAVELIKKARA (UPPER PRIMARY SCHOOL ASSISTANT, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA). BY ADV. MR.S.SUBHASH CHAND RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 4. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR. 5. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 6. THE CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD SCHOOLS/ SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDING, NANDHANCODE, THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER R6 BY ADV. MR.K.N.VENUGOPALA PANICKER, SC FOR TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 12370/2008-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 19/07/2005 PASSED BY RESPONDENT NO.2. EXT.P2: COPY OF THE ORDER JUDGMENT DATED 13/11/2006 PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO. 27816/2006 (J). EXT.P3: COPY OF THE ORDER BEARING NO.K.DIS/B5/9213/06 DATED 07/02/2007. EXT.P4: COPY OF THE ORDER PASSED BY RESPONDENT NO.6 BEARING NO.ROC/10310/06/EDN. DATED 30/03/2007. EXT.P5: COPY OF THE ORDER DATED 22/12/2007 PASSED BY RESPONDENT NO.3. EXT.P6: COPY OF THE ORDER BEARING ROC NO.10310/06/EDN. DATED 12/03/2008 IN RESPECT OF PETITIONER 1. EXT.P7: COPY OF THE ORDER BARING ROC NO.10310/06/EDN. DATED 12/03/2008 IN RESPECT OF PETITIONER 2. EXT.P8: COPY OF THE ORDER DATED 2703/2007 ISSUED BY RESPONDENT NO.6. EXT.P8(a): COPY OF THE ORDER DATED 10/07/2007 PASSED BY RESPONDENT NO.2. EXT.P9: COPY OF THE ORDER DATED 13/08/2007 PASSED BY THE DISTRICT EDUCATIONAL OFFICER, MAVLIKKARA. EXT.P10: COPY OF THE REPRESENTATION DATED 15/03/2008 SUBMITTED BY PETITIONER NO.1 BEFORE RESPONDENT NO.4. EXT.P10: COPY OF THE REPRESENTATION DATED 15/03/2008 SUBMITTED BY THE PETITIONER NO.1 BEFORE RESPONDENT NO.4 ASSISTANT EDUCATION OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR. (I.A. NO.6116/2008). EXT.P11: COPY OF THE REPRESENTATION DATED 16/03/2008 SUBMITTED BY PETITIONER NO.2 BEFORE RESPONDENT NO.5. EXT.P11: COPY OF THE JUDGMENT DATED 07/10/2008 IN W.P.(C). NO. 12883/2007 OF THIS HONOURABLE COURT. (I.A NO.13765/2008). EXT.P12: COPY OF THE REPRESENTATION DATED 20/03/2008 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENT NO.6. EXT.P12: COPY OF THE ORDER DATED 11/02/2009 THUS PASSED BY RESPONDENT NO.1. (I.A.NO.3285/2009) RESPONDENT'S ANNEXURE: ANNEXURE-A: COPY OF THE GOVT. ORDER G.O.(RT)NO.691/G.EDN. DATED 11/02/2009. //TRUE COPY// P.S. TO JUDGE Rs/ P.N.Ravindran, J. ================== W.P.(C) No. 12370 of 2008 ===================== Dated this the 5th day of March, 2009. JUDGMENT Heard Sri. S.Subhash Chand, the learned appearing for the petitioners, Smt. T.B. Remani, the learned Government Pleader appearing for rerspondents 1 to 5 and Sri. K.N. Venugopala Panicker, the learned counsel appearing for the sixth respondent. 2. The petitioners are Upper Primary School Assistants in the service of the Travancore Devaswom Board. They have continuous service from 2.6.1997 and 9.11.2000 respectively. During the academic year 2004-2005 the staff strength of the D.B.H.S.S., Parumala where the petitioners were working was reduced as a result of which the posts held by the petitioners were abolished. Since their juniors were in service, they were entitled to be shifted to other schools under the management. The management did not however do that. The petitioners thereupon moved this Court. By Ext.P2 judgment delivered on 13.11.2006, this Court directed the petitioners to move the District Educational Officer concerned. As directed by this Court, the petitioners moved the District WP(C) 12370/08 -: 2 :- Educational Officer, Thiruvalla. 3. In the meanwhile, the petitioners continued to draw salary in their parent school at the minimum of the scale of pay which they were entitled to, for the period from 15.7.2004 to 28.2.2005. It is stated that the petitioners have not been paid salary for the period from 1.3.2005 to 14.7.2005 and that thereafter also they are being paid salary in the minimum of the scale of pay without the benefit of increments. When this Writ Petition came up for hearing today, Sri. S.Subhash Chand, the learned counsel appearing for the petitioner submitted that the grievance of the petitioners stands redressed by Ext.P12 and that what remains to be done is giving effect to the order passed by the Government in Ext.P12. The learned Government Pleader does not seriously dispute the said statement. In the light of the subsequent developments, I am of the view that it is not necessary for this Court to go into the merits of the rival contentions at this stage. 4. I accordingly dispose of this Writ Petition with the following directions: (i) The District Educational Officer, Thiruvalla shall take note of Ext.P12 and regularise the service of the petitioners from 15.7.2004 to 14.7.2005 and sanction them increments, the benefit of pay revision orders if any, grade promotions and such other benefits which they are entitled to. Final orders in the matter shall be passed within two months from the date on which the petitioners produce a certified copy of this WP(C) 12370/08 -: 3 :- judgment. (ii) After orders are passed in the matter, respondents 3 and 6 shall take steps to draw and disburse to the petitioners arrears of such benefits which they are found entitled to. The claim of the petitioners for payment of dearness allowance shall also be considered and appropriate steps taken to disburse the same to the petitioners, if they are found entitled to it. I also clarify that in view of the specific direction issued by the Government in Ext.P12 to recover the salary paid to the junior teachers from the management, the petitioners shall not be denied the benefits on the ground that the salary paid to their junior teachers has not so far been recovered. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 6/3