IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 15680 of 2008(N) -------------------------- PETITIONER: ------------ R.RENCHU, W/O. SURESH P., MAMKOOTTATHIL HOUSE, MEZHUVELI, PATHANAMTHITTA (HIGH SCHOOL ASSISTANT (MATHS) (RETRENCHED), PADMANABHODAYAM HIGHER SECONDARY SCHOOL, MEZHUVELI, PATHANAMTHITTA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 5. THE CORPORATE MANAGER, SN TRUST SCHOOLS, KOLLAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.15680 of 2008 N -------------------------------------- Dated this the 29th day of May, 2008. J U D G M E N T The reliefs prayed for in the Writ Petition are the following:- i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to disburse salary and allowances to the petitioner during the period from 15/7/2002 to 24/6/2003 in the post of HSA (Maths) in SNT HSS, Nattika in the light of Ext.P6 order of approval within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.4 to disburse salary and allowances to the petitioner from 24/6/2003 to 28/6/2006 in the post of HSA (Maths) in PHSS, Mezhuveli, and to issue appropriate orders for accommodating the petitioner in a regular sanctioned post of HSA (Maths) by way of regularizing her appointment with effect from 28/6/2006 onwards within such time as this Hon'ble Court may deem fit and proper in the interest of justice; WP(C) No.15680/2008 2 iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.4 to consider and pass final orders on Ext.P7 representation within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iv) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to consider and pass final orders on Ext.P7(a) representation and disburse salary and allowances to the petitioner in cash with effect from 15/7/2002 to 24/6/2003 as per Ext.P6 order of approval within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and v) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” The petitioner confines her reliefs to relief Nos.iii and iv. 2. The petitioner was appointed as HSA (Maths) in P.H.S.S., Mezhuveli as per Ext.P1 appointment order dated 1.6.2001. She joined duty on 8.6.2001. The appointment of the petitioner as HSA (Maths) was approved by Ext.P2 order issued by respondent No.1 and salary and allowances were WP(C) No.15680/2008 3 disbursed to her. It is stated that there occurred a division fall in P.H.S.S., Mezhuveli during the academic year 2002-2003 and one post of HSA (Maths) was reduced. The petitioner was appointed as HSA (Maths) at SNT HSS, Nattika, under the same corporate management. She joined duty at SNT HSS, Nattika on 15.7.2002 and continued upto 24.6.2003, on which date she was relieved from SNT HSS, Nattika and posted as HSA (Maths) at PHSS, Mezhuveli again, where she joined duty on 24.6.2003. It is further stated in the Writ Petition that the Manager took a view that the post of HSA (Maths) in which the petitioner was posted was liable to be treated as a post of HSA (English) and accordingly, the petitioner was illegally retrenched from service on 28.6.2006 3. The petitioner filed a revision before the Director of Public Instruction against the retrenchment from service. The Director of Public Instruction passed Ext.P4 order. The operative portion of Ext.P4 order reads as follows:- “For the period from 24-6-03 Smt. Renchu is continuing in P.H.S.S. Mezhuveli upto 28-06-06. It is reported that Smt.Renchu was retrenched for want of sanctioned post in cadre of H.S.A. (Maths) since she is a continuing H.S.A. having service from 15-07-02. There is no rule to retrench the existing teacher for providing fresh H.S.A. (English) hands. The transfer of Smt.Renchu will be examined by the District Educational Officer, Thiruvalla on getting WP(C) No.15680/2008 4 the approval for the period from 15-07-02 to 24-06-03 from the District Educational Officer, Chavakkad, with the cadre strength and staff position of P.H.S.S. Mezhuveli and will issue appropriate orders. All the District Educational Officer's are directed to examine whether there is any H.S.A.(Maths) is working in any of the schools under S.N.Trust Management having service from 08-06-01, Junior to Smt.Renchu is working in regular post. In such cases the salary of teachers should be withheld immediately and to report the facts to the under signed. The direction of the Hon'ble High Court is complied accordingly.” 4. The District Educational Officer, Chavakkad passed Ext.P6 order in compliance with Ext.P4 order approving the appointment of the petitioner from 15.7.2002 onwards. The petitioner contends that since the appointment of the petitioner from 15.7.2002 onwards has been approved, further steps in the matter of disbursement of salary and allowances are to be taken by respondent No.4, viz., the District Educational Officer, Thiruvalla. The petitioner submitted Ext.P7 representation before the District Educational Officer, Thiruvalla pointing out her grievances and requesting for disbursement of salary and allowances from 24.6.2003 to 28.6.2006 and to accommodate the petitioner in a regular sanctioned post of H.S.A.(Maths). The petitioner has also filed WP(C) No.15680/2008 5 Ext.P7(a) representation before the District Educational Officer, Chavakkad praying for disbursement of salary and allowances with effect from 15.7.2002 to 24.6.2003 as per Ext.P6 order of approval of appointment. Exts.P7 and P7(a) are pending disposal before the respective District Educational Officers. In the facts and circumstances of the case, since the petitioner has confined her reliefs to relief Nos.iii and iv, the Writ Petition is disposed of in the following manner:- (a) The District Educational Officer, Thiruvalla shall dispose of Ext.P7 representation as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner as well as the Manager of the school. (b) The District Educational Officer, Chavakkad shall dispose of Ext.P7(a) representation as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner as well as the Manager of the school. K.T. SANKARAN, JUDGE. cks