IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 10541 of 2009(K) ----------------------------------------- PETITIONER(S): ----------------------- P.S.VRINDHA,D/O.PRABHAKARAN, AGED 36 YEARS, FORMER UPSA, ANAKUDY U P SCHOOL, VAMANAPURAM PANCHAYATH, RESIDING AT 'SREERANGAM', PAUTHALACODE PO,VATTAPARA, THIRUVANANTHAPURAM DISTRICT. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV.MR.T.RAMPRASAD UNNI, MR.K.G.RAJEESH. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, PALODE, THIRUVANANTHAPURAM. 3. THE SECRETARY,VAMANAPURAM GRAMA PANCHAYAT, VAMANAPURAM,THIRUVANANTHAPURAM DIST. 4. THE HEAD MASTER, ANAKUDY UP SCHOOL, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT. *ADDL.R5 IMPLEADED: R5. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. (*ADDL.R5 IMPLEADED AS PER ORDER DTD. 23/02/2010 IN IA NO.2380/10) R1, R2 & R5 BY GOVERNMENT PLEADAER MR. SANDESH RAJA R3 BY ADVS. MR.PIRAPPANCODE V.SREEDHARAN NAIR, MR.PIRAPPANCODE V.S.SUDHIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10541/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.A1-24/92 910 DTD. 30/10/1996. P2: COPY OF THE APPROVAL OF THE APPOINTMENT OF THE PETITIONER, DTD. 12/02/1997. P3: COPY OF THE RELIEVING MEMO DTD. 31/03/1997 ISSUED TO THE PETITIONER. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R3. P5: COPY OF THE COMMUNICATION DTD. 1/10/1999 RECEIVED BY THE PETITIONER FROM R3. P6: COPY OF THE JUDGMENT DTD.2/12/1999 IN O.P.NO.26325 OF 1999. P7: COPY OF THE ORDER DTD. 3/08/2004 IN CIVIL APPEAL NO.6753 OF 2003 ON THE FILE OF THE SUPREME COURT. P8: COPY OF THE REPRESENTATION DTD. ...11/2005 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR LOCAL SELF GOVERNMENT DEPARTMENT. P9(A): COPY OF THE ORDER DTD. 3/1/2009 OF THE KANIRAMKULAM GRAMA PANCHAYAT. P9(B): COPY OF THE ORDER DTD. 22/01/2009 OF THE PANAVOOR GRAMA PANCHAYAT. P9(C): COPY OF THE ORDER DTD. 29/01/2009 OF THE SANTHANPARA GRAMA PANCHAYAT. P9(D): COPY OF THE ORDER DTD. 27/01/2009 OF THE KUMILY GRAMA PANCHAYAT. P9(E): COPY OF THE ORDER DTD. 24/09/2008 OF THE KUMARAMANGALAM GRAMA PANCHAYAT. P9(F): COPY OF THE ORDER DTD. 30/12/2008 OF THE BADIADKA GRAMA PANCHAYAT. P9(G): COPY OF THE ORDER DTD. 21/08/2008 OF THE KONNATHADY GRAMA PANCHAYAT. P9(H): COPY OF THE ORDER DTD. 19/08/2008 OF THE VANDIPERIYAR GRAMA PANCHAYAT. Kss ..2/- ..2.... WPC.NO.10541/2009 K P10: COPY OF THE COMMUNICATION DTD. 1/12/2008 RECEIVED BY THE PETITIONER FROM THE GENERAL EDUCATION DEPARTMENT. P11: COPY OF THE COMMUNICATION DTD. 3/12/2008 RECEIVED BY THE PETITIONER FROM THE LOCAL ADMINISTRATION DEPARTMENT. P12: COPY OF THE JUDGMENT DTD. 5/2/2008 IN OP.NO.16403 OF 2004. P13: COPY OF ORDER G.O.(MS) NO.225/09 DTD. 21/11/2009 ISSUED BY R1. P14: REPRESENTATION DTD. 15/01/2010 SUBMITTED BY THE PETITIONER BEFORE R5. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.(C). No. 10541 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner was appointed as a UPSA, by the Vamanapuram Grama Panchayat in Anakudy U.P. School, managed by the Panchayat and was relieved to accommodate candidates advised by the PSC. A question was raised as to whether the petitioner is entitled to the benefit under Rule 51A, Chapter X1VA of Kerala Education Rules. That question was decided by a Full Bench of this Court, holding that teachers of panchayat schools are not entitled to the benefit of Rule 51A. Although an appeal was filed before the Supreme Court, the Supreme Court directed similarly placed teachers to approach the Government, with a direction to pay salary for the period they worked. The petitioner also filed Ext.P14 in this regard before the 5th respondent. The petitioner also relies on Ext.P13 Order passed by the Government in that regard. The petitioner W.P.(C). No. 10541 OF 2009 -2- now seeks a direction to the 5th respondent to consider Ext.P14, in the light of the Government Orders on the subject. 2. I have heard the learned Government Pleader and the counsel for the Panchayat. In view of the facts and circumstances of the case, it is only appropriate that the Government considers and pass Ext.P14 in accordance with law. Accordingly, this writ petition is disposed of with a direction to the 5th respondent to consider and pass orders on Ext.P14, as expeditiously as possible, at any rate within 3 months from the date of receipt of a copy of this Judgment, after affording an opportunity of being heard to the petitioner as well as the 3rd respondent. S. SIRI JAGAN JUDGE nl.