IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 17066 of 2010(G) -------------------------- PETITIONER(S): --------------- RENY GEORGE,W/O.SANTHOSH J.KURIAN, MANJAKKIL HOUSE,CHEERAMKULAM,PAYYAPPADI.P.O, KOTTAYAM(FORMERLY HSA (NS)CMS HS, NEDUNGADAPPALLY). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRIT EDUCATIONAL OFFICER, THIRUVALLA. 5. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 6. CORPORATE MANAGER,CMS SCHOOLS,DIOCESE OF MADHYA KERALA,CHURCH OF SOUTH INDIA,CSI DIOCESAN OFFICE,CATHEDRAL ROAD,KOTTAYAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17066/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE APPOINTMENT ORDER DATED 6.6.2001 ISSUED BY RESPONDENT NO.6 EXT.P2: COPY OF THE ORDER OF APPOINTMENT BY PROMOTION OF THE PETITIONER AS HSA(NS) ISSUED BY RESPONDENT NO.6. EXT.P3: COPY OF THE ORDER OF TRANSFER OF THE PETITIONER DATED 15.6.2006. EXT.P4: COPY OF THE ORDER DATED 22.9.2006 OF RESPONDENT NO.6. EXT.P5: COPY OF THE ORDER DATED 1227/2008 DATED 15.12.2008 ISSUED BY RESPONDENT NO.6. EXT.P6: COPY OF THE JUDGMENT DATED 15.6.2009 PASSED BY THIS HON'BLE COURT IN WPC NO.16440/2009. EXT.P7: COPY OF THE ORDER DATED 29.8.2009 PASSED BY RESPONDENT NO.2. EXT.P8: COPY OF THE JUDGMENT DATED 1.3.2010 PASSED BY THIS HON'BLE COURT IN WPC NO.31894/2009. EXT.P9: COPY OF THE ORDER BEARING GO (RT) NO.1735/10/G.EDN. DATED 22.4.2010 PASSED BY RESPONDENT NO.1. EXT.P10: COPY OF THE REPRESENTATION DATED 6.5.2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NOS.3, 4 AND 5. EXT.P11: COPY OF THE ORDER DATED 26.7.2010 PASSED BY RESPONDENT NO.4. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.17066 of 2010 --------------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The reliefs prayed for in the Writ Petition are the following : “(i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.3, 4 and 5 to draw and disburse salary and allowances legally due to the petitioner from 19.6.2006 onwards in the post of HSA (NS) forthwith by implementing Ext.P9 order passed by respondent No.1 ; (ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents to implement Ext.P9 order in its letter and spirit within such time as this Hon'ble Court may deem fit and proper in the interest of justice ; and (iii) to mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 2. The Government passed Ext.P9 order (G.O.(Rt.) WPC No.17066 of 2010 2 No.1735/10 G.Edn. dated 22.4.2010), the operative portion of which reads as follows : “4. The only case of the Manager is to allow the lien adjustment proposal submitted by the Manager in his order No.1227/2008 dated 15.12.2008 and if it is allowed, Smt.Reni George former HSA (NS) the petitioner in WP (C) No.31894/2009 can be adjusted by reverting the junior most HSA (NS), Shri.Varughese W.J., who has expressed willingness to refund the excess pay between the posts of HSA and Primary School teacher. In the report of the Director of Public Instruction, it was stated that the Manager has not furnished a lien adjustment proposal to the Educational Officers as claimed and therefore, it was ordered to refund the salary paid to the junior most teacher. 5. Having considered all aspects of the matter the proposal in Order No.1227/08 dated 15.12.2008 of the Manager for lien adjustment can be allowed and the concerned Educational Officers is directed to complete the process within one month. The Educational Officers shall ensure that the proposal for lien WPC No.17066 of 2010 3 adjustment is within the sanctioned strength of posts as per the staff fixation orders and no excess salary is paid on this account. The revision petition read as 1st paper is disposed of as above.” 3. After filing the Writ Petition, the District Educational Officer, Thiruvalla (respondent No.4) passed Ext. P11 order dated 26.7.2010, the operative portion of which reads as follows: “In these circumstances, sanction is hereby accorded to admit the lien adjustment of Smt.Reni George in CMS HS Punnavely for the period from 1.6.06 to 25.9.06 as per order issued by the Manager vide proceedings order dated 15.12.08 cited as 1st reference and in compliance with GO (Rt) No.1735/10 G. Edn. dated 22.4.10.” By Ext. P11 order, a portion of the relief claimed by the petitioner has been granted and the salary in respect of that period was also disbursed, submits the learned counsel for the petitioner. The grievance of the petitioner is that for the period subsequent to that, Ext.P9 order is yet to be complied with. WPC No.17066 of 2010 4 4. The learned Government Pleader submitted that the District Educational Officer, Thiruvalla has forwarded the service book along with LPC to the DEO, Kanjirappally for further action. The submission made by the learned Government Pleader is recorded. There will be a direction to the DEO, Kanjirappally (respondent No.5) to take appropriate action in the matter within a period of one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl