IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 11091 of 2009(F) -------------------------- PETITIONER(S): --------------- SMT.SHARI FRANCIS, D/O.FRANCIS, AGED 38, THOPPIL HOUSE, PUTHOORKARA P.O., THRISSUR, WORKING AS LPSA, AIDED UPPER PRIMARY SCHOOL, KANNARA, PEECHI, THRISSUR. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. 4. THE ASST. EDUCATIONAL OFFICER, THRISSUR EAST, TRICHUR. 5. THE MANAGER, AIDED UPPER PRIMARY SCHOOL(AUPS), KANNARA, PEECHI VILLAGE, THRISSUR. 6. MERCY VARGHE P., TEACHER IN CHARGE AND HEAD MISTRESS, AIDED UPPER PRIMARY SCHOOL, KANNARA, PEECHI VILLAGE, THRISSUR. R1 TO R4 BY SHRI A.J. VARGHESE, GOVERNMENT PLEADER R4 BY ADV. SHRI S. SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11091 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009. JUDGMENT The petitioner is working as a Lower Primary School Assistant in the school of the 5th respondent. The petitioner faced retrenchment in the year 2008-2009. According to the petitioner, the Headmistress deliberately refused to enter the names of 13 students in the admission register which resulted in the fall of one division in Standard I. Subsequently, an inspection was conducted in the school by the third respondent wherein Ext.P1 order was passed stating that the strength of the students is only 36 and the petitioner and another teacher were retrenched. The petitioner filed a revision petition against Ext.P1, before the second respondent which was allowed as per Ext.P3. Accordingly, by Ext.P4, the staff fixation order for the year 2008-2009 was revised and as per Ext.P5, the Manager directed the Headmistress to disburse the salary and allowances of the petitioner and another teacher. The petitioner submits that the Headmistress at that time have not complied with the orders Exts.P4 and P5 and ultimately explanation was sought for from the Headmistress and by Exts.P7 and P8 the Headmistress was suspended by the 5th respondent and disciplinary wpc 11091/2009 2 action is also pending. Aggrieved by the delay in disbursement of salary to the petitioner, this writ petition is filed. 2. On behalf of the 4th respondent, a statement has been filed. It is submitted in para 15 of the statement that the salary of the petitioner for the period from 15.7.2008 to 31.3.2009 has already been drawn and disbursed to her on 6.4.2009. It is further pointed out that the salary of the petitioner for the fifteen days from 1.7.2008 to 14.7.2008 and festival allowance 2008 had already been drawn by the Headmaster of the school and refunded the amount to the Sub Treasury, Thrissur as per challan No.359 dated 15.11.2008. It is reported by the Headmaster that the petitioner did not receive the amount from the Headmaster. 3. In the reply affidavit filed by the petitioner, the petitioner has pointed out that the action of the Headmaster was not justified. 4. In any view of the matter, the petitioner is entitled to be paid the salary from 1.7.2008 to 14.7.2008 apart from the festival allowance for the year 2008. Now that the amount has been refunded , steps will be taken by the present teacher-in-charge, viz. the 6th respondent to get necessary orders for payment of the amount. Appropriate action will be taken by the 6th respondent within a period of two weeks from the date of receipt of a copy of this judgment. Respondents 1 to 4 will grant appropriate sanction wpc 11091/2009 3 within a further period of three months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/