IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 27894 of 2008(U) --------------------------------------- PETITIONER(S): ----------------------- THULASI BAI.S., SALINI BHAVAN, KUTHIRAPANTHY P.O., THAZHAVA, KOLLAM. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, SIVARAM N.S.S. H.S.S., KARIKODE P.O., KOLLAM. 5. THE SUB TREASURY OFFICER, KUNDARA, KOLLAM. R1 TO R3 & R5 BY GOVT. PLEADER MR.DILIP MOHAN R4 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE R4 BY ADV. MR.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27894/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER OF THE ASSISTANT PROVIDENT FUND OFFICER, ALAPPUZHA. P2:- COPY OF THE LETTER OF THE PETITIONER DTD. 19.8.08. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27894 of 2008-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009. JUDGMENT The petitioner retired as the Principal of Sivaram N.S.S. H.S.S., Karikode on 31.3.2007. The writ petition was filed seeking for a direction to disburse the retirement benefits and arrears of salary. 2. This Court passed an interim order in I.A. No.1488/2009 on 20.2.2009 directing the competent authority among respondents 1 to 3 to disburse to the petitioner the amounts standing to her credit in her provident fund account. It is stated that the petitioner received the said amount subsequently. It is also stated by the learned counsel for the petitioner that the terminal leave surrender was also obtained by the petitioner. What remains is the claim for payment of arrears of salary and the benefit of Family Benefit Scheme, etc. 3. With regard to the arrears of salary, going by the counter affidavit filed by the 4th respondent, the matter is pending before the third respondent. It is averred in para 8 of the counter affidavit that the petitioner was given an amount of Rs.62,744/- on 15.9.2007 towards arrears of pay consequent on the pay revision order issued by the Government for the period from wpc 27894/2008 2 4/2005 to 3/2006. She was also given an amount of Rs.46,213/- on 18.9.2007 towards arrears of pay for the period from 4/2006 to 3/2007. It is pointed out in para 9 that the Government by order dated 20.11.2004, ordered to grant the benefit of full time scale of pay to all aided Higher Secondary School Teachers appointed by transfer from among qualified High School Assistant/UPSA/LPSA irrespective of the period of teaching as in the case of Government Higher Secondary School Teachers as ordered in G.O.(MS) No.162/98/G.Edn. dated 13.5.1998. The stand taken by the 4th respondent is that the petitioner ought to have claimed arrears of pay based on the above Government Order while she was working as HSST in NSS Higher Secondary School, Karuvatta. Only after retirement, on 7.2.2008, she submitted an application in the prescribed format claiming arrears of salary for the period from 15.9.1998 to March, 2005. It is evident from para 9 that the 4th respondent has forwarded the arrear bill of the petitioner for Rs.26,261/- for the period from 15.9.1998 to March, 2005, to the third respondent. 4. The petitioner has got a further claim regarding the Family Benefit Scheme. It is averred in para 12 of the counter affidavit that the 4th respondent has not received the details regarding the credit statement from the other schools in which the petitioner was working. It is also stated that wpc 27894/2008 3 the 4th respondent is pursuing the matter and action will be taken immediately on getting the remittance certificate from all the schools. 5. Therefore, the writ petition is disposed of with a direction to the third respondent to sanction the eligible benefits remain to be disbursed towards arrears of salary in terms of the bills forwarded along with the letter dated 8.5.2008 of the 4th respondent. Appropriate action in this regard will be taken within a period of two months from the date of receipt of a copy of this judgment. Regarding the claim for Family Benefit Scheme, the 4th respondent will forward further details, if any, to the third respondent and depending upon the same, the third respondent will finalise the action within a period of four months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/