IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20145 of 2008(W) -------------------------- PETITIONER: ------------ R.RENCHU, W/O.SURESH.P., MAMKOOTTATHIL HOUSE, MEZHUVELI, PATHANAMTHITTA (HIGH SCHOOL ASSISTANT (MATHS)(RETRENCHED), PADMANABHADAYAM HIGHER SECONDARY SCHOOL, MEZHUVELI, PATHANAMTHITTA 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, CHAVAKKAD. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.20145 of 2008 W -------------------------------------- Dated this the 14th day of July, 2008. J U D G M E N T The petitioner had approached this Court in W.P.(C) No.15680/2008, which was disposed of as per judgment dated 29.5.2008 (Ext.P3). The directions issued in Ext.P3 judgment are the following:- “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 WP(C) No.20145/2008 2 possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner as well as the Manager of the school.” 2. As per the direction in paragraph No.(b) shown above, the District Educational Officer, Chavakkad should have heard the petitioner and taken a decision on Ext.P7(a) representation (same as Ext.P2 representation in the present Writ Petition). After the disposal of W.P.(C) No.15680/2008, the District Educational Officer, Chavakkad has passed Ext.P4 order dated 6.6.2008, (probably without being aware of Ext.P3 judgment dated 29.5.2008) by which the salary and allowances due to the petitioner for the period from 15.7.2002 to 24.6.2003 were directed to be credited to her Provident Fund Account. The request in the representation submitted by the petitioner was to pay the salary in cash. The petitioner relies on the Ext.P6 Government Order dated 20.7.2005 in support of her claim to get the salary in cash. Ext.P4 order dated 6.6.2008 passed by the District Educational Officer, Chavakkad would go against the direction contained in Ext.P3 judgment dated 29.5.2008. Therefore, Ext.P4 order is liable to be quashed. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner. Ext.P4 order is quashed. The District Educational Officer, Chavakkad shall comply with the direction contained in Ext.P3 judgment dated 29.5.2008 in W.P.(C) No.15680/2008 and pass WP(C) No.20145/2008 3 appropriate orders in accordance with law, after affording an opportunity of being heard to the petitioner. Till the District Educational Officer, Chavakkad takes a decision, the salary for the period from 15.7.2002 to 24.6.2003 shall not be credited to the Provident Fund Account of the petitioner. K.T. SANKARAN, JUDGE. cks