IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 16614 of 2008(C) ---------------------------------------- PETITIONER(S): -------------------------- BEENA JACOB, W/O.GREEGORIOSE ABRAHAM, PULLUPARAMBIL, PALLOM P.O., KOTTAYAM (LPSA, CMS LPS KURUMPANADOM, CHANGANASSERY). BY ADV. MR.S.SUBHASH CHAND RESPONDENT(S): ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM EAST. 3. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHANGANASSERY. 4. CORPORATE MANAGER, CMS SCHOOLS, CSI DIOCESAN OFFICE, CATHEDRAL ROAD, KOTTAYAM. *ADDL. R5 IS IMPLEADED. 5. ASSISTANT EDUCATIONAL OFFICER, O/O. THE AST. EDUCATIONAL OFFICER, CHERTHALA. *ADDL. R5 IS IMPLEADED AS PER ORDER DTD. 18.2.09 IN IA. NO.2379/2009. R1 TO R3 BY GOVT. PLEADER MR.DILIP MOHAN R4 BY MR.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE R4 BY ADV.MR.TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16614/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPROVED APPOINTMENT ORDER OF THE PETITIONER IN CMS LPS MALLASSERY. P2:- COPY OF THE ORDER OF TRANSFER BEARING NO.255/07 DT. 11.7.07 ISSUED BY RESPONDENT NO.4. P3:- COPY OF THE GOVERNMENT CIRCULAR DTD. 18.5.07. P4;- COPY OF THE LAST PAY CERTIFICATE ISSUED BY THE HEADMISTRESS, CMS LPS, PALLOM. P5:- COPY OF THE COMMUNICATION DTD. 4.12.07 ISSUED BY RESPONDENT NO.3. P6:- COPY OF THE ORDER DTD. 3.11.07 ISSUED BY RESPONDENT NO. 1 IN THE CASE OF ONE SRI.BIJUMON K. SAMUEL, UPSA IN CMS UP SCHOOL, CHELAKOMPU. P7:- COPY OF THE JUDGMENT DTD. 28.3.08 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN WPC. 10672/08. P8:- COPY OF THE APPELLATE ORDER DTD. 17.5.08 PASSED BY RESPONDENT NO.1. P9:- COPY OF THE TRANSFER APPLICATION DTD. 14.2.08 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4. P10:- COPY OF THE REPRESENTATION DTD. 25.5.08 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS NOS. 2 AND 3. P11:- COPY OF THE NOTICE NO.C/1384/08 DTD. 11/6/08 ISSUED BY RESPONDENT NO.2 TO RESPONDENT NO.4. P11:- COPY OF THE ORDER NO.1130/2008 DTD. 26.11.08 IOSSUED BY RESPONDENT NO. 4 ( IA. NO.2379/2009) P12:- COPY OF THE ORDER BEARING NO.245/09 DTD. 4/2/09 ISSUED BY RESPONDENT NO.4. P12(a):- COPY OF THE APPEAL DTD. 11.2.09 (EXCLUDING ANNEXURES) SUBMITTED BEFORE RESPONDENT NO.1. ANNEXURE I:- COPY OF THE ORDER DTD. 12.10.06 OF THE GENERAL EDUCATION (J) DEPARTMENT. ANNEXURE II:- COPY OF THE CIRCULAR DTD. 22.12.07 OF DO. DO. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16614/2008-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of December, 2009 J U D G M E N T The petitioner, who is the beneficiary of Ext.P8 order, has approached this Court since he was not getting salary for want of implementation of the said order. The main prayer in the writ petition is for a direction to respondent Nos.3 and 4 to implement Ext.P8 order in its letter and spirit. 2. Pending the writ petition, this Court by interim orders dated 06/08/2008 and 18/02/2009, directed the respondents to disburse the salary from time to time. 3. It is submitted by the learned counsel for the petitioner that in terms of the interim orders passed, salary for the entire period has been disbursed to the petitioner. What remains is the steps to be taken by the concerned Assistant Educational Officers to implement Ext.P8 so as to regularise the respective periods and to grant monetary benefits, if any, due. Along with I.A.No.2379/2009, the petitioner has produced Exts.P11 and P12 proceedings of the Manager, namely, the fourth respondent, issued, so as to implement the directions in Ext.P8. W.P.(C). No.16614/2008 -:2:- 4. Therefore, the respective Assistant Educational Officers will take appropriate action to see that the directions in Ext.P8 are implemented for regularising the period of service of the petitioner in different schools. The Corporate Manager is directed to produce the relevant proposals, if not already done, within three weeks from the date of receipt of a copy of this Judgment before the Assistant Educational Officers concerned. Appropriate orders shall be passed by the concerned Educational Officers within a further period of two months. Depending upon the final orders to be passed, steps will be taken to see that the monetary benefits legally due to the petitioner will also be fixed and disbursed expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms