IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 12457 of 2008(G) PETITIONER: ------------ PAUL T.A., S/O. ALIAS, KILITHATTIL, THENGODE P.O., KAKKANAD (VIA), KOCHI-30. BY ADV. SRI.R.PARTHASARATHY RESPONDENTS: ------------- 1. GOVT.OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. BY GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 12457 OF 2008 -------------------------------------------- Dated this the 21st May, 2008 JUDGMENT The petitioner was appointed as High School Assistant in Salem HSS, Vengola with effect from 7.8.1961 against a leave vacancy. He resigned from service on 29.1.1962 for taking better employment. The petitioner joined as Lecturer (Economics) in a college and now he has retired as a Professor on 31.3.1994. The service of the petitioner as High School Assistant for the period from 7.8.1961 to 29.1.1962 was not approved by the District Educational Officer, Muvattupuzha on the ground that the appointment was made after two months of the date of advertisement and there was a delay of four days in making the appointment. 2. What happened thereafter is not known. The Government have now passed Ext.P1 order dated 18.8.2006, approving the appointment of the petitioner from 7.8.1961 to 29.1.1962. As per Ext.P1 order, the petitioner will get a consolidated pay of Rs.105/- per month for the said period. It is seen from Ext.P1 that the order was passed on the basis of the representation dated 25.3.2006, submitted by the petitioner. It is not stated anywhere in the Writ Petition as to what transpired between 1962 and 25.3.2006, the date on which the petitioner submitted the representation. W.P.(C) NO.12457 OF 2008 :: 2 :: 3. Now the petitioner has filed Ext.P2 representation before the Secretary to the Government, General Education Department, claiming that the petitioner should be paid interest at 18% on the amount of salary granted to him. Ext.P2 is pending. 4. The prayer in the Writ Petition is as follows: “i) issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to either sanction salary for the period he worked with 18% interest per annum from the date of discharge or direct the respondents to pay salary for the said period at the starting scale now paid to untrained graduate teachers or in the alternative direct the 1st respondent to consider Ext.P2 representation and pass orders within a specific period;” 5. I am of the view that, without expressing any opinion on the merits, the Writ Petition can be disposed of directing the first respondent to dispose of Ext.P2 representation at the earliest. It is made clear that if the petitioner had slept over his rights for all these years from 1962 to 2006, he would not be justified in claiming interest. The Writ Petition is disposed of as above. No order as to costs. (K.T.SANKARAN) Judge ahz/