IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 29546 of 2010(P) PETITIONER: --------------- BALACHANDRA MENON, H.S.A. (MATHS), PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, SHERTALLAI-688541, NOW WORKING AS H.S.A. (MATHS), S.N.D.P. HIGH SCHOOL, KUTTAMANGALAM. BY ADV. SRI.S.VASUDEVAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALLEPPEY, PIN-688 001. 3. THE DISTRICT EDUCATIONAL OFFICER, SHERTALLAI-688 524. 4. THE HEADMISTRESS, PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, SHERTALLAI, PIN-688 541. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 29546 OF 2010 P ------------------------------------------------------ Dated this the 4th day of October, 2010 JUDGMENT It is stated that the petitioner is a protected teacher. His parent school is Pattarya Samajam High School, Pallippuram. At present, he is working as High School Assistant in S.N.D.P.High School, Kuttamangalam. 2. While working in Pattarya Samajam High School, Pallippuram as H.S.A.(Maths), the petitioner was deployed to Government Sanskrit High School, Charamangalam as a protected teacher on 9.10.2009. It is stated that the petitioner was receiving salary from the parent school. The petitioner was transferred to S.N.D.P. High School, Kuttamangalam with effect from 25.6.2010, as per Ext.P1 order. It is stated that from 15.7.2010 onwards, the petitioner was drawing salary from his parent school. The grievance of the petitioner is that the Headmistress of Pattarya Samajam High School, Pallippuram did not pay salary to the petitioner from the month of August, 2010, including Onam advance. The petitioner W.P.(C) NO.29546 OF 2010 :: 2 :: submitted Ext.P2 representation dated 4.9.2010 to the District Educational Officer. 3. The reliefs prayed for by the petitioner are to direct the third respondent to dispose of Ext.P2 representation and for the issue of a writ of mandamus directing the respondents to disburse salary to the petitioner. 4. Learned Government Pleader, on instructions, submitted that Ext.P2 was disposed of on 24.9.2010 with a direction to the Headmistress of Pattarya Samajam High School, Pallippuram to forward Last Pay Certificate (LPC) of the petitioner to the Headmaster of S.N.D.P.High School, Kuttamangalam, to enable the petitioner to get salary from the Headmaster of S.N.D.P.High School, Kuttamangalam. It is also submitted that at present the petitioner is not a protected teacher. As per Ext.P1, the petitioner was absorbed to a regular post and, therefore, he cannot draw salary from the parent school. The submission made by the learned Government Pleader that the petitioner will be getting salary from the Headmaster of W.P.(C) NO.29546 OF 2010 :: 3 :: S.N.D.P.High School, Kuttamangalam is recorded. No further directions are required to be issued in this Writ Petition. Accordingly, the Writ Petition is closed. (K.T.SANKARAN) Judge ahz/