IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 7058 of 2010(F) ------------------------- PETITIONER ------------------ SINDHU S., W/O.MOHANAN PILLAI, AGED 38 YEARS, CLERK, RAMAVILASOM VOCATIONAL HIGHER SECONDARY SCHOOL, (RVVHSS), VALAKAM, KOLLAM. BY ADV. SRI.T.M.MOHAMMED YOUSEFF, SENIOR ADVOCATE RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR, VHSE, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM 695 001.. 3. ASSISTANT DIRECTOR, VHSE, REGIONAL OFFICE, KOLLAM 695 001.. 4. THE MANAGER, RVVHSS, VALAKOM, KOLLAM 691532. 5. THE PRINCIPAL, RVVHSS, VALAKOM, KOLLAM 691 532. R1-R3 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA R4-5 BY ADV. SRI.N.JAMES KOSHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7058 of 2010(F) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE REPRESETATION DATED 12.6.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2. COPY OF THE PETITION DATED 15.6.2009 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P3. COPY OF THE APPLICATION SUBMITTED UNDER THE RTI ACT SUBMITTED BY THE PETITIONER DATED 18.6.2009. EXT.P4.COPY OF THE LETTER NO.E2/13040/09 (2) DATED 14.7.2009 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER ALONG WITH THE RELEVANT PORTION OF THE RULES. EXT.P5. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDET DATED 23.6.2009. EXT.P6. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.9.2009. EXT.P7. COPY OF THE REPRESENTATION DATED 9.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8. COPY OF THE REPRESENTATION DATED 23.11.2009 MADE TO THE 3RD RESPONDENT. EXT.P9. COPY OF THE APPLICATION DATED 30.11.2009 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT. EXT.P10. 10 (A) COPY OF THE INFORMATION GIVEN BY THE 3RD RESPONDENT DATED 14.12.2009 UNDER THE RTI ACT. EXT.P10 (B). COPY OF THE LETTER BY THE 3RD RESPONDENT ADDRESSED TO THE 5TH RESPONDENT DATED 14.12.2009. EXT.P10 ©. COPY OF THE REPLY OF THE 5TH RESPONDENT TO EXHIBIT P 10 (B) DATED NIL. EXT.P11. COPY OF THE REPRESENTATION DATED 26.12.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. WP(C).No. 7058 of 2010(F) ----------------------------------- EXT.P11 (A). COPY OF THE LETTER NO.L/ 4842/09 DTD. 4.1.2010 OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. EXT.P11 (B). COPY OF THE LETTER NO.L2/4842/07 DATED 8.12.2009 OF THE 3RD RESPONDENT ADDRESSED TO THE 5TH RESPONDENT. EXT.P11(C). COPY OF THE ORDER GO (RT) O.2802/96/G.EDN. DTD. 31.8.1996. RESPONDENT'S EXHIBITS ------------------------------------- EXT.R5 (A). COPY OF THE CIRCULAR DATED 01.07.1995 ISSUED BY THE 3RD RESPONDENT. EXT.R5(B). COPY OF THE COMMUNICATION DATED 07.07.2009. EXT.R5(C). COPY OF THE PREFACE AND INTRODUCTORY OF THE MANUAL OF OFFICE PROCEDURE. EXT.R2(A). COPY OF LR.NO.L2/2372/09 DATED 23.06.09. EXT.R2(B). COPY OF LR. DATED 4.7.2009. EXT.R2(C). COPY OF LR.NO.L.2/4842/07 DATED 16.11.2009. EXT.R2(D). COPY OF LR.NO.L.2/4842/07 DATED 12.11.2009. EXT.R2(E) COPY OF LR.NO.L.2/4842/07 DATED 08.12.2009 EXT.R2(F). COPY OF LR.NO.L.2/4842/09 DATED 04.012010. EXT.P5(A). COPY OF THE LETTER NO.L2/2372/09 DTD.23.6.2009 OF THE 3RD RESPONDENT ADDRESSED TO THE 5TH RESPONDENT. P11(A). COPY OF THE LETER NO.L/4842/09 DTD. 4.1.2010 OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. EXT.P11(B). COPY OF THE LETTER NO.L2/4842/07 DATED 8.12.2009 OF THE 3RD RESPONDENT ADDRESSED TO THE 5TH RESPONDENT. EXT.P11(C). COPY OF THE ORDER GO(RT) NO.2802/96/G.EDN. DTD. 31.8.1996 / TRUE COPY / P.A. TO JUDGE VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.7058 Of 2010-F ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2011 J U D G M E N T The petitioner herein is working as Clerk in the school managed by the 4th respondent, namely, Ramavilasom Vocational Higher Secondary School, Valakam. The grievance mainly raised in the Writ Petition was relating to the working hours of the petitioner in the school. It was the contention of the petitioner that she was asked to attend the school from 8.30 a.m. to 4.30 p.m. instead of the office time 10 a.m. to 5 p.m., which is against the direction issued by the 3rd respondent. 2. The 4th respondent-Manager has filed a detailed counter affidavit opposing the prayers of the petitioner. 3. After hearing the parties, this Court passed an interim order on 16.3.2011. After considering the contentions of the parties this Court found that it is only proper that the Director of Vocational Higher Secondary Education hears both the parties to resolve the issue, namely, with regard to the time at which the petitioner should be present in the school as well as the W.P.(C)No.7058/10 -2- grievance regarding the non-payment of salary due to the petitioner. Therefore, a direction was issued to pass appropriate orders within one month. 4. The learned Government Pleader has placed before me for perusal the consequential order passed by the Director of Vocational Higher Secondary Education dated 18.4.2011. It is mentioned in the said order that the Government has vide letter dated 22.3.2011 instructed the Department to fix the working hours of ministerial staffs to 9.30 am to 4.30 p.m. In the light of the above the following directions were issued by the Director of Vocational Higher Secondary Education. “(i) The petitioner, Smt.Sindhu S. will attend the school from 9.30 a.m. to 4.30 p.m. (ii) The Assistant Director will take immediate action to release the salary eligible to the petitioner from June, 2009 to till date.” Therefore, as the question raised in the Writ Petition has now attained a quietus in the light of the above order, no further orders are called for in the Writ Petition. 5. The learned counsel for the petitioner prays that the Assistant Director, VHSE may be directed to take a decision, in W.P.(C)No.7058/10 -3- the light of the order passed by the Director of Vocational Higher Secondary Education with regard to the release of salary including arrears to the petitioner. Therefore, the Assistant Director, VHSE, namely the 3rd respondent herein, will take a decision after hearing both parties within a period of three months from the date of receipt of a copy of this judgment and the eligible amounts will be released to the petitioner accordingly. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn