IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 18343 of 2011(P) -------------------------- PETITIONER: --------------- GIRISH C., H.S.A.(SOCIAL SCIENCE), N.S.S.H.S., PERUMPULICKAL, PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 2. DISTRICT EDUCATIONAL OFFICER, KANNUR-670001. 3. DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHI, KOTTAYAM DISTRICT-686604. 4. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689645. 5. ASSISTANT EDUCATIONAL OFFICER, AMBALAPUZHA-688561. 6. GENERAL MANAGER & INSPECTOR OF N.S.S.SCHOOLS, PERUNNA P.O., CHENGANASSERY-686102. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 18343/11 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.A1/10686/2007 DT.1.10.07 ISSUED BY THE 6TH RESPONDENT. EXT.P2: COPY OF ORDER NO.B1/11012/2007/K.DIS. DT.11.2.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF JUDGMENT DT.12.11.08 IN W.P.(C)No.33260/08 OF THIS COURT. EXT.P3(A): COPY OF APPOINTMENT ORDER CUM ENDORSEMENT OF APPROVAL OF THE 2ND RESPONDENT DT.18.12.08. EXT.P4: COPY OF COMMUNICATION ISSUED BY THE HEADMISTRESS, SMV NSS HSS, KALLARA DT.30.11.09. EXT.P5: COPY OF STATEMENT OF FIXATION OF PAY UNDER RULE 28a PART I KSR OF THE PETITIONER. EXT.P6: COPY OF COMMUNICATION OF THE AEO, AMBALAPPUZHA DT.14.12.2009 TO THE 2ND RESPONDENT. EXT.P7: COPY OF INFORMATION GIVEN TO THE PETITIONER BY THE 2ND RESPONDENT UNDER RTA DT.18.1.11 EXT.P7(A): COPY OF INFORMATION GIVEN TO THE PETITINER BY THE 2ND RESPONDENT UNDER RTA DT.2.4.11. EXT.P7(B): COPY OF INFORMATION GIVEN TO THE PETITIONER BY THE 2ND RESPONDENT UNDER RTA DT.4.6.11. EXT.P8: COPY OF COMMUNICATION ISSUED BY THE HEADMISTRESS, NSS HS, ALACODE REGARDING ARREARS OF THE PETITIONER DT.25.7.08. EXT.P9: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.10.6.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.18343 Of 2011-P -------------------------------------------------- DATED THIS THE 2nd DAY OF AUGUST, 2011 J U D G M E N T The petitioner is now working as High School Assistant (Social Science) in the NSS HS, Perumpulickal, Pandalam in Pathanamthitta district. 2. The petitioner has approached this Court mainly with the following prayers: (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to update PF account No.H.2272 of the petitioner and issue PF credit card to him without any further delay. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondent Nos.2 and 5 to take immediate action on petitioner's D.A. arrears bill for the period from 1.6.2006 to 31.5.2009 and 28 A fixation arrear(cash bill) for the period from 5.10.2007 to 30.4.2009 in accordance with law within the time frame fixed by this Hon'ble Court. W.P.(C)No.18343/11 -2- (iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider Ext.P9 representation submitted by the petitioner and pass orders thereon within the time limit fixed by this Hon'ble Court.” 3. It is pointed out in the Writ Petition that the petitioner was promoted as HSA (Social Science) with effect from 5.10.2007 as per Exhibit P1 order. It appears that when the proposal for approval of Exhibit P1 was pending before the 2nd respondent, he was receiving salary in the lower scale of pay. When Exhibit P1 was pending for approval, he was again transferred by the 6th respondent to NSS HS, Kallara, Kottayam as per order dated 27.5.2008 and he joined there. Subsequently the petitioner approached this Court by filing W.P.(C)No.33260/08 seeking for a direction to approve the appointment and this Court directed the 2nd respondent to pass orders on Exhibit P1 within a time frame as per Exhibit P3 judgment. Accordingly, the appointment was approved as per Exhibit P3(a). While the petitioner was working in NSS High School, Kallara, as per Exhibits P4 and P5 communications, the Headmistress forwarded the DA arrear bill for W.P.(C)No.18343/11 -3- the periods from 1.6.2006 to 31.5.2009 and 28A fixation arrear for the period from 5.10.2007 to 30.4.2009. 4. It is the case of the petitioner that the 5th respondent Assistant Educational Officer has forwarded the bills of the petitioner to the 2nd respondent. The petitioner was transferred to the present school with effect from 1.6.2010. 5. Even now various claims have not been settled. The petitioner thereafter filed a representation as per Exhibit P9 before the Director of Public Instruction. 6. There will be a direction to the 1st respondent to take a decision on Exhibit P9 after calling for a comprehensive report and after hearing the petitioner within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment to the 1st respondent for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn