IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 28931 of 2003(T) ------------------------------------------ PETITIONER(S): ------------------------ 1. SRI.A.MATHIAS, HEADMASTER, FATHIMA MATHA HIGH SCHOOL, CHINNAKANAL, IDUKKI DISTRICT. 2. SRI.ARUL FREDRIC.J HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) FATHIMA MATHA HIGH SCHOOL, CHINNAKANAL, IDUKKI DISTRICT. 3. SMT.ROSEMARY MICHEAL, H.S.A (PHYSICAL SCIENCE), FATHIMA MATHA HIGH SCHOOL, CHINNAKANAL, IDUKKI DISTRICT. 4. SRI.BIJU V.M. H.S.A (MATHS), FATHIMA MATHA HIGH SCHOOL CHINNAKANAL, IDUKKI DISTRICT. 5. SMT.MINIMOL, H.S.A. (SOCIAL STUDIES) FATHIMA MATHA HIGH SCHOOL, CHINNKANAL, IDUKKI DISTRICT. 6. SRI.LEO.B. PHYSICAL EDUCATION TEACHER, FATHIMA MATHA HIGH SCHOOL, CHINNAKANAL, IDUKKI DISTRICT. 7. SRI.SOOSAI.A., CLERK, FATHIMA MATHA HIGH SCHOOL, CHINNAKANAL, IDUKKI DISTRICT. 8. SMT.LOURDUMARY E.K., PEON, FATHIMA MATHA HIGH SCHOOL CHINNAKANAL, IDUKKI DISTRICT. Kss ...2/- ....2.... WPC.NO.28931/2003T 9. SRI.THOMAS P.C., FULL-TIME MENIAL (F.T.M) FATHIMA MATHA HIGH SCHOOL, CHINNAKANAL, IDUKKI DISTRICT. BY ADV. MR.ALEXANDER THOMAS RESPONDENT(S): ------------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. OF KERALA, GENERAL EDUCATION DEPT. GOVT.SECRETARIAT BUILDINGS, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS (D.P.I), THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER (D.E.O), KATTAPPANA, IDUKKI DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28931/2003 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF G.O.(MS) 255/96/G.EDN. DTD. 21/08/1996. EXT.P2: COPY OF G.O.(MS) NO.59/97/G.EDN. DTD. 21/02/1997. EXT.P3: COPY OF G.O.(RT) NO.967/97/G.EDN. DTD. 21/03/1997. EXT.P4: COPY OF G.O.(MS) NO.183/97/G.EDN. DTD. 21/04/1997. EXT.P5: COPY OF G.O.(RT) 292/99/G.EDN. DTD. 20/01/1999. EXT.P6: COPY OF G.O.(RT) 3907/97/G.EDN. DTD.11/11/1997. EXT.P7: COPY OF G.O.(RT) 3896/97/G.EDN. DTD. 11/11/1997. EXT.P8: COPY OF ORDER DTD. 27/06/1997 OF 3RD RESPONDENT. EXT.P8(A): COPY OF ORDER DTD. 3/12/1998 OF 3RD RESPONDENT. EXT.P8(B): COPY OF ORDER NO.B1/8840/99 DTD. 7/11/2000 OF 3RD RESPONDENT. EXT.P8(C): COPY OF ORDER DTD. 18/12/2001 OF 3RD RESPONDENT. EXT.P9: COPY OF G.O.(RT) 4121/2000/G.EDN. DTD. 10/10/2000. EXT.P10: COPY OF G.O.(RT) 2474/2002/G.EDN. DTD. 1/08/2002. EXT.P11: COPY OF ORDER NO.D.DIS.B5/3906/2002 DTD. 31/08/2002 OF 3RD RESPONDENT. EXT.P12: COPY OF ORDER NO.B5/3815/2003/BILLS DTD. 19/05/2003 OF 3RD RESPONDENT. EXT.P13: COPY OF G.O.(MS) 161/2003/G.EDN. DTD. 16/06/2003. EXT.P14: COPY OF THE PETITION SUBMITTED BY THE PETITIONER'S SCHOOL TO THE GOVT. EXT.P15: COPY OF REPRESENTATION DTD. 24/07/2003 ISSUED TO 2ND RESPONDENT. Kss ...2/- ....2...... WPC.NO.28931/2003 T EXT.P16: COPY OF STAFF FIXATION ORDER DTD. 5/09/2003 ISSUED FOR 2003-04. EXT.P17: COPY OF STAFF FIXATION ORDER DTD. 31/08/2004 ISSUED FOR 2004-05. EXT.P18: COPY OF ORDER DTD. 3/04/2004 ISSUED BY 3RD RESPONDENT. EXT.P19: COPY OF MEDICAL CERTIFICATE DTD. 1/09/2004 ISSUED TO 3RD PETITIONER. EXT.P20: COPY OF PERIODICAL INCREMENT STATEMENT OF 3RD AND 5TH PETITIONERS. EXT.P21: COPY OF G.O.(RT) NO.5022/2008/G.EDN. DTD. 13/11/2008 ISSUED BY STATE GOVT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. ================== W.P.(C) No.28931 of 2003 ===================== Dated this the 24th day of March, 2009. JUDGMENT Heard Sri. Alexander Thomas, the learned counsel appearing for the petitioners and Sri. T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The first petitioner is the Headmaster, petitioners 2 to 5 are High School Assistants, the sixth petitioner is the Physical Education Teacher and petitioners 7 to 9 are non-teaching staff of Fathima Matha High School at Chinnakanal in Idukki District. By Ext.P3 Government order dated 21.3.1997, the Government accorded sanction to temporarily bifurcate the Fathima Matha High School with UP section from the LP School. The petitioners are teaching and non-teaching staff in the high school section. Since what was granted only temporary sanction for bifurcation, the petitioners were not paid salary and allowances at the applicable rates from 1.4.2003 onwards. This Writ Petition was thereupon filed. 3. It is now conceded at the Bar that by Ext.P21 order passed on 13.11.2008, the Government have accorded sanction for permanent bifurcation of Fathima Matha HS, Chinnakanal with UP section in Malayalam medium and high school in Tamil and Malayalam medium from the existing Fathima Matha LP School, Chinnakanal with continuous WP(C) 28931/03 -: 2 :- sanction for the posts already sanctioned as on 31.3.2003 and also with permission to allow eligible divisions and posts with effect from 1.4.2003 onwards. The first petitioner has since retired from service. The learned counsel appearing for the petitioners submit that in view of Ext.P21 Government order, the only grievance of the petitioners that remains to be redressed is payment of increments, the benefit of fixation of pay following the pay revision effected after 1.4.2003, benefit of grade promotions if any, and such other service benefits. The learned counsel appearing for the petitioners submit that in view of Ext.P21, this Writ Petition may be disposed of with a direction to the District Educational Officer, Kattappana to pass final orders regarding the pay and allowances payable to the petitioners including arrears of pay and other service benefits. 4. The learned Government Pleader appearing for the respondents submits that the District Educational Officer, Kattappana will take a decision in the matter expeditiously. He also submits that in order to enable the District Educational Officer to take a decision in the matter, the petitioners may submit appropriate representations before that officer. Having regard to the fact that the Government have now accorded permanent sanction for bifurcation of the school, I am of the opinion that the remaining claims of the petitioners should be considered expeditiously. 5. I accordingly dispose of this Writ Petition with a direction that WP(C) 28931/03 -: 3 :- the petitioners shall within one month from today submit separate representations before the District Educational Officer, Kattappana setting out their grievances and raising their claims regarding payment of salary and allowances, benefit of pay revision orders, grant of increments, etc. The District Educational Officer shall within two months from the date of receipt of the representations, consider the same and pass orders thereon if necessary after affording the petitioners an opportunity of being heard. After a decision is taken on the representation filed by the petitioner, payment of arrears of salary and allowances shall be made expeditiously thereafter. The respondents shall also take expeditious steps to fix and pay the terminal benefits payable to the first petitioner. P.N.Ravindran, Judge. ess