IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 18947 of 2008(E) PETITIONER: V.MANJULA DEVI, JUNIOR HINDI TEACHER (FULL TIME RETRENCHED), NARAYANA VIDHYALAYA AIDED UPPER PRIMARY SCHOOL ( NOW UNITY SCHOOL), PANAMANA SOUTH P.O., PALAKKAD DISTRICT. RESIDING AT DEVI NILAYAM, V.M.ROAD, MANARKKAD. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS : 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPPALAM. 3. THE HEAD MASTER, NARAYANA VIDHYALAYA AIDED UPPER PRIMARY SCHOOL (NOW UNITY SCHOOL), PANAMANA SOUTH P.O., PALAKKAD DISTRICT. R3 BY ADV. SRI.V.B.RAMANUNNI MENON SRI.K.MOHANAKANNAN R1 & R2 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 18947 OF 2008 E -------------------------------------------- Dated this the 28th July, 2008 JUDGMENT The petitioner was appointed as full time lower grade Hindi Teacher from 19.11.2001 to 26.3.2002 as a leave substitute in Narayana Vidhyalaya Aided Upper Primary School, Panamanna, Palakkad District. That appointment was approved by the Assistant Educational Officer. Later, the petitioner was appointed as Junior Hindi Teacher (full time) from 15.7.2002 onwards. That appointment was also approved by the Assistant Educational Officer with effect from 15.7.2002. It is stated that on 14.7.2004, the petitioner was retrenched due to the division fall. It is submitted that again the petitioner was appointed and thereafter retrenched permanently on 14.7.2006. 2. The petitioner was not paid salary for the period from 15.7.2002 to 31.12.2003 on the basis of Ext.P2 Government Order dated 15.6.2004, which states that salary of the newly appointed teachers up to 31.12.2003 will be credited to the Provident Fund Account and that only salary for the period from 1.1.2004 will be paid in cash. The grievance of the petitioner is that the amount is not credited to the Provident Fund Account since no such account was opened. But, at the same time, salary was not paid in cash also. It is submitted that the petitioner could not have a Provident W.P.(C) NO.18947 OF 2008 :: 2 :: Fund Account since the petitioner did not get regular appointment. This statement is not seen denied by the respondents. 3. The petitioner made a request as per Ext.P3 and Ext.P4 representations to pay her salary for the aforesaid period. The first respondent disposed of Ext.P4 representation as per Ext.P5 order dated 24.10.2007, wherein it is stated that as per the existing Rules/Orders, there is no provision to release the salary in cash up to 31.12.2003. Learned counsel for the petitioner submits that even the salary payable till 31.12.2003, which was directed to be credited to the Provident fund Account as per Ext.P2 Government Order, can be withdrawn by the teachers from 1.6.2008 onwards as per G.O.(P)No.229/05/Gl.Edn., dated 20.7.2005. This position is also not disputed. 4. The reliefs prayed for in the Writ Petition are the following: “a) Issue a writ of certiorari calling for the records relating to Ext.P2 and P5 and quash the same to the extent they deny salary to the petitioner for the period from 15/7/02 to 31/12/03 which, is approved service as per Ext.P1. b) Direct the respondents to disburse salary to the petitioner in cash from 15/7/02 to 31/12/03, which is approved service as per Ext.P1, forth with. c) To grant such other further reliefs as this Hon'ble Court may deem fit just to proper in the circumstances of the case; and d) Award costs of this petition.” W.P.(C) NO.18947 OF 2008 :: 3 :: 5. The stand taken by the second respondent in paragraph 2 of the the counter affidavit is that the salary due to the petitioner for the period from 15.7.2002 to 31.12.2003 was reserved to be credited in the Provident Fund Account proposed to be opened by the petitioner in compliance with Ext.P2 Government Order. It is also stated that the educational authorities have not denied the salary of the petitioner. But payment of the salary was deferred as per the Government Order. The counter affidavit would also indicate that the petitioner is a Rule 51A claimant and, therefore, she is eligible for appointment in the above School again. It would appear that this submission is made in order to contend that the arrears of salary will be paid only after the petitioner gets appointment as per the preferential claim under Rule 51A. The stand taken by the respondents is unsustainable. Ext.P5 order also is unsustainable in view of G.O.(P) No.229/05/Gl.Edn. Dated 20.7.2005. Therefore, I quash Ext.P5. There will be a direction to the second respondent to disburse the salary to the petitioner in cash, for the period from 15.7.2002 to 31.12.2003, within a period of one month. The third respondent shall submit necessary bills for the same expeditiously. The Writ Petition is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/