IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 36735 of 2010(N) ---------------------------------------- PETITIONER(S): ------------------------ 1. KUSAN S., LD CLERK, SNT HSS, CHENGANNUR, P.O.NEDUVARAMCODE, ALAPPUZHA DISTRICT. 2. SHIBU V.S., PEON, SNT HSS, CHENGANNUR, P.O.NEDUVARAMCODE, ALAPPUZHA DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. 4. THE MANAGER, SN TRUSTS SCHOOL, KOLLAM. R1 TO R3 BY GOVT. PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.T.SANKARAN, J. ------------------------------ W.P.(C).No.36735 OF 2010 ------------------------------ Dated this the 21 st day of December, 2010 JUDGMENT The first petitioner, Kusan.S, was promoted as Clerk and posted at P.T.T.I., Mezhuveli as per Ext.P1 appointment order dated 11.11.1992, which was approved. It is stated that P.T.T.I, Mezhuveli was subsequently upgraded as PHSS, Mezhuveli. The second petitioner was appointed as Peon in a promotion vacancy, as per Ext.P2 appointment order dated 20.6.2001 at SNTHSS, Nattika. This appointment was approved with effect from 28.3.2003 onwards as evidenced by Ext.P2. The petitioners were working in the respective schools mentioned above and they were being paid salary. 2. While so, as per Ext.P3 order of transfer made by the Corporate Management, the petitioners were transferred to SNTHSS, Chengannur. By the same order, namely, Ext.P3, Subash M.V, who was working W.P.(C).No.36735 OF 2010 2 at SNTHSS, Chengannur was transferred to PHSS, Mezhuveli, where the first petitioner was working. By Ext.P3 order itself, Sujith K.S, who was working as Peon at SNTHSS, Chengannur, was transferred to SNTHSS, Nattika, where the second petitioner was working as Peon. As per Ext.P5 order dated 20.11.2010, the District Educational Officer declined approval of the transfer of the petitioners on the ground that SNTHSS, Chengannur being a newly opened school, protected employees should have been appointed. Ext.P5 is challenged in the Writ Petition. 3. It is submitted by the learned counsel for the petitioners that Subash M.V and Sujith K.S. were being paid salary while working in SNTHSS, Chengannur, as their appointments were approved by the Educational Officer. At the time of approval of appointment of Subash and Sujith, no objection was raised that protected employees should have been appointed. It is also submitted that Subash W.P.(C).No.36735 OF 2010 3 and Sujith, who were transferred to Mezhuveli and Nattika are getting salary even now. At the same time, on the ground that Ext.P5 order was passed declining approval of the transfer of the petitioners, they were denied salary from June, 2010 onwards. 4. The learned Government Pleader submitted that the petitioners have an effective alternative remedy as they could very well challenge Ext.P5 order in revision before the Government. This is not disputed by the learned counsel for the petitioners. However, it is submitted that the petitioners were constrained to approach this court, since they were denied salary from June, 2010 onwards. The petitioners are prepared to file a revision challenging Ext.P5 order. At the same time, it is submitted by the counsel for the petitioners that there may be a direction to pay salary to the petitioners. W.P.(C).No.36735 OF 2010 4 5. Heard the learned counsel for the petitioners and the learned Government Pleader. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) If the petitioners file a revision against Ext.P5 order, before the first respondent within one month from today, the first respondent shall consider and dispose of the same within a period of three months from the date of filing of the revision, after affording an opportunity of being heard to the petitioners, the Manager and any other affected party. b) The petitioners shall be paid arrears of salary from June, 2010 onwards, within a period of one month from W.P.(C).No.36735 OF 2010 5 today and the respondents shall continue to pay salary to the petitioners until the revision is decided by the Government. c) The petitioners shall produce a copy of the Writ Petition, copy of IA 17715 of 2010 and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms