IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH OCTOBER 2007 / 24TH ASWINA 1929 WP(C).No. 26710 of 2007(D) ----------------------------------------- PETITIONER: -------------------- JYOTHIS R. NAIR, W/O MADHUSOODANAN PILLAI, JYOTHIS BHAVAN, VISHAVARSSERY KARA, MANNAR P.O., ALAPPUZHA(UPPER PRIMARY SCHOOL ASSISTANT, HINDU UPPER PRIMARY SCHOOL, ERAMALLIKKARA) BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. 4. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNOOR. 5. THE CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD SCHOOLS/SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDING, NANDHANCODE, THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB BY SR.GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26710/2007 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 19/07/2005 PASSED BY RESPONDENT NO.1. EXT.P2: COPY OF THE ORDER BEARING NO.3228/05/EDN. DTD. 16/07/2005 PASSED BY RESPONDENT NO.5. EXT.P3: COPY OF THE ORDER DTD. 20/10/2005 PASSED BY RESPONDENT NO.5. EXT.P4: COPY OF THE ORDER DTD. 27/03/2007 ISSUED BY RESPONDENT NO.5. EXT.P5: COPY OF THE JUDGMENT DTD. 13/04/2007 PASSED BY THIS HON'BLE COURT IN WP(C) NO.144/2007. EXT.P6: COPY OF THE ORDER DTD. 10/07/2007 ISSUED BY RESPONDENT NO.1. EXT.P7: COPY OF THE ORDER DTD. 13/08/2007 ISSUED BY RESPONDENT NO.3. EXT.P8: COPY OF THE LAST PAY CERTIFICATE DTD.11/11/2005 ISSUED BY THE HEADMISTRESS, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA. EXT.P9: COPY OF THE ORDER BEARING NO.B/337/2006 DTD. 8/06/2006 PASSED BY RESPONDENT NO.4. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 26710 OF 2007 ----------------------------------- Dated this the 16th day of October, 2007 JUDGMENT The petitioner is working as a UPSA in the Hindu Upper Primary School, Eramallikkara. The petitioner had continuous service from 5.6.2000 onwards. Her service for the period from 15.7.2004 to 14.7.2005 was not regularised. Ultimately by Ext.P5 judgment of this Court, the said period of service was directed to be regularised. By Exts.P6 and P7 orders, that period of service was also regularised. As a result, the petitioner is entitled to salary and allowances for the period from 15.7.2004 to 14.7.2005. However, for the period from 15.7.2004 to 28.2.2005 while the petitioner was working in a school under the District Educational Officer, Thiruvalla she had already received salary from Sub Treasury, Mannar. Now consequent of adjustment of lien the petitioner is to be adjusted in the school at Ermallikkara under the jurisdiction of the D.E.O., Mavelikkara. For the purpose of releasing the salary for the period from 15.7.2004 to 14.7.2005, respondent No.3 is requiring the W.P.(c)No.26710/07 2 petitioner to refund the salary for the period from 15.7.2004 to 28.2.2005, on receipt of which only the entire salary for the period from 15.7.2004 to 14.7.2005 would be released. This is because of the fact that the school where the petitioner worked for the period from 14.7.2005 to 28.2.2005 and the school where her lien for the period from 15.7.2004 to 14.7.2005 is to be adjusted are under two different District Educational Officers. 2. The petitioner submits that for making such refund the petitioner has to borrow money which would come to about Rs.60,000/- (Rupees Sixty thousand only) and in so far as this is only a book adjustment, the respondents can pay the salary of the petitioner from 1.3.2005 to 14.7.2005 after adjusting the salary for the period from 15.7.2004 to 28.2.2005. 3. I have heard the learned Government Pleader also. The learned Government pleader opposes the prayer. According to her, since these two periods of service were under two different District Educational Officers for accounting purposes, without refunding the salary which the petitioner has already received from Sub Treasury Mannar, the entire amount cannot be paid to the petitioner now. W.P.(c)No.26710/07 3 4. After considering the arguments of the learned counsel for the petitioner, the learned Government pleader and the learned counsel appearing for the 5th respondent, I feel that it is not necessary to direct the petitioner to refund the salary which she had already received, and the respondents can make book adjustments of accounts appropriately. In the above circumstances, I dispose of this writ petition with a direction to the 3rd respondent to disburse the salary due to the petitioner for the period from 1.3.2005 to 14.7.2005 without insisting on refund of the salary received by her for the period from 15.7.2004 to 28.2.2005 while she was working in the school under the D.E.O. Thirvualla. It would be open to respondents 1 to 4 make appropriate adjustments in their accounts. The orders in this regard shall be issued and balance amount due to the petitioner shall be paid within a period of one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.26710/07 4