IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 32387 of 2009(P) -------------------------- PETITIONER(S): --------------- ASWATHY KRISHNAN,22 YEARS, D/O.T.P.RADHAKRISHNAN,ASSISTANT TEACHER, AIDED LOWER PRIMARY SCHOOL,KANHIKULAM,PALAKKAD RESIDING AT PARAKKAL HOUSE,KANHIKULAM POST, KALLADIKODE VIA,PALAKKAD-678596. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATION OFFICER, PALAKKAD. 3. THE ASSISTANT EDUCATION OFFICER, PARALI. 4. THE MANAGER,K.T.M.HIGHER SCHOOL, MANNARKKAD,PALAKKAD. 5. THE HEADMISTRESS,K.T.M.HIGH SCHOOL, MANNARKKAD,PALAKKAD. 6. THE ACCOUNTANT GENERAL(A&E), THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32387/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of November, 2009 J U D G M E N T The petitioner herein is working as an Assistant Teacher in an Aided Lower Primary School, Kanhikulam in Palakkad District, managed by the fourth respondent. The appointment of the petitioner has been approved as per Ext.P1 and thus she had been drawing pay and allowances eligible as per law. 2. When the salary bill for the month of October was forwarded to the Assistant Educational Officer, it was returned on the ground that the Accountant General objected to the appointment of the petitioner as the school is an uneconomic one, considering the strength for the academic year 2008-09. Accordingly, a direction was issued as per Ext.P3 by the Assistant Educational Officer. This is under challenge in this writ petition. 3. The learned counsel for the petitioner submitted that since the appointment has been approved, there cannot be any objection for payment of salary. It is pointed out that the Manager has filed an appeal against Ext.P3 as per Ext.P6. There will be a direction to the District Educational Officer to take a decision on Ext.P6 within a period of six weeks. Meanwhile, the proceedings as per W.P.(C). No.32387/2009 -:2:- Ext.P3 will be kept in abeyance. Since the appointment is approved, there cannot be any objection for payment of salary and the same will be disbursed to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms