IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 36285 of 2007(T) PETITIONER: ------------ CHETHANA C.V., AGED 31, D/O.THRIVIKRAMAN NAIR, VIJAYASADANAM, KAZHAKOOTAM P.O., TRIVANDRUM. BY ADV. SRI.A.AHZAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. DISTRICT EDUCATIONAL OFFICER, TRIVANDRUM. 3. ST.AUGUSTINE'S HIGH SCHOOL, MURUKKUMPUZHA, TRIVANDRUM. R3 STANDS CORRECTED AS PER ORDER DATED 5.2.2008 IN I.A.NO.1683 OF 2008 AS MANAGER, ST.AUGUSTINE'S HIGH SCHOOL, MURUKKUMPUZHA, TRIVANDRUM. 4. HEAD MASTER, ST.AUGUSTINE'S HIGH SCHOOL, MURUKKUMPUZHA, TRIVANDRUM. GOVERNMENT PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DATED 8.7.2005 ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT. EXT.P2 TRUE COPY OF ORDER DATED 30.5.2006 ISSUED BY THE SECOND RESPONDENT. EXT.P3 TRUE COPY OF NOTICE DATED 9.11.2005 ISSUED BY THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF JUDGMENT IN W.P.(C) NO.4287 OF 2006 AND W.P.(C) NO.6179 OF 2006. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 36285 OF 2007 T -------------------------------------------- Dated this the 16th June, 2008 JUDGMENT The petitioner was appointed as Lower Grade Hindi Teacher in St.Augustine's High School, Murukkumpuzha, as per Ext.P1 order of appointment dated 8.7.2005. It is stated that the appointment of the petitioner was approved by the District Educational Officer for the period from 8.7.2005 to 10.10.2008 or till the vacancy exists which ever is earlier. It is further stated that the petitioner joined the School on 8.7.2005. She received salary from 8.7.2005 to March, 2006. 2. It would appear that there was a dispute regarding management between two persons. Ext.P2 memo dated 30.5.2006 was issued by the District Educational Officer, Thiruvananthapuram to the Headmaster stating that the High Court had directed to maintain status quo as on 6.3.2006 in view of the dispute regarding managership. Therefore, the Headmaster was directed to withhold the payment of salary in respect of the petitioner until further orders. It is stated that now the management dispute is over as per the orders passed by the Educational Authorities as directed in Ext.P4 judgment. 3. The petitioner is not paid salary from March, 2006. She is W.P.(C) NO.36285 OF 2007 :: 2 :: entitled to get salary for the period she was worked. No counter affidavit is filed in the case. Entitlement of the petitioner to get salary is not disputed. There is no order prohibiting payment of salary to the petitioner. 4. The prayer in the Writ Petition is for the issue of a writ of mandamus directing the respondents to pay the salary to the petitioner for the period she worked in the third respondent School. I am of the view that the petitioner is entitled to get the relief prayed for in the Writ Petition. Accordingly, the Writ Petition is allowed. The Headmaster shall prepare the salary bill for the salary due to the petitioner and submit before the District Educational Officer, the second respondent, within a period of two weeks from the date of receipt of a copy of this judgment. The District Educational Officer shall counter-sign the bill promptly for the immediate disbursement of the salary to the petitioner. (K.T.SANKARAN) Judge ahz/