IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16440 of 2009(Y) -------------------------- PETITIONER(S): --------------- RENY GEORGE,W/O.SANTHOSH J.KURIAN, MANJAKKIL HOUSE, CHEERAMKULAM, PAYYAPPADY P.O. KOTTAYAM (HIGH SCHOOL ASSISTANT (NS-FORMERLY,) CMS HIGH SCHOOL,NEDUMGADAPPALLY) BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,MAVELIKARA. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 4. CORPORATE MANAGER, CMS SCHOOLS, DIOCESE OF MADHYA KERALA (CHURCH OF SOUTH INDIA), CSI DIOCESAN OFFICE, CHATHEDRAL ROAD,KOTTAYAM. 5. DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 6. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No..16440/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of June, 2009 J U D G M E N T The petitioner is an aided school teacher under the fourth respondent. She commenced her regular service as U.P.S.A from 06/06/2001 onwards. The respondent No.4 appointed her as U.P.S.A in CMS Community U.P. School, Ranni in a regular sanctioned vacancy with effect from 06/06/2001. This was approved as per Ext.P1. Thereafter, she was promoted and appointed as High School Assistant (Natural Science) with effect from 01/02/2002 in a regular vacancy in C.M.S H.S, Kattanam, and that was also approved as per Ext.P2. 2. In the year 2006-07, there was a reduction of teachers in C.M.S.H.S., Kattanam, and the petitioner was transferred to C.M.S.H.S.S, Kuzhikala as per Ext.P3. From there one Sri.John Thomas, H.S.A (Natural Science), was promoted and appointed as Headmaster in C.M.S.H.S.S., Mallappally. He was promoted in the vacancy of one Sri.T.G.Oommen, Headmaster of C.M.S.H.S.S., Mallappally who was promoted as Principal in Baker Memorial Girls' Higher Secondary School, Kottayam. W.P.(C). No.16440/2009 -:2:- 3. The petitioner was accommodated in the C.M.S.H.S.S., Kuzhikala with effect from 19/06/2006. The promotion of Sri.T.G.Oommen was not approved and consequential promotion of Sri.John Thomas as Headmaster in C.M.S.H.S.S, Mallappally was also not approved. Therefore, there was no vacancy to accommodate the petitioner. This resulted in the stoppage of payment of salary and allowances to the petitioner with effect from 19/06/2006. At the same time, her juniors were retained in other schools managed by the fourth respondent. The petitioner was thereafter, transferred to C.M.S.H.S, Nedumgadappally, in a long leave vacancy. Ultimately, the Manager by Ext.P5 order dated 15/12/2008, in order to avoid break in service, adjusted the lein of the petitioner in C.M.S.H.S., Punnaveli from 01/06/2006 to 25/09/2006. The same had to be implemented by the District Educational Officer, Thiruvalla. Since the said order was not implemented, the petitioner is denied salary and allowances. The petitioner is relying upon Exts.P7 and P7(a) judgments rendered by this Court in similar circumstances. By Ext.P9, the petitioner has already approached the Director of Public Instructions in the matter. 4. Therefore, there will be a direction to the sixth respondent, D.P.I., to consider and pass orders on Ext.P9 after hearing the petitioner and W.P.(C). No.16440/2009 -:3:- the fourth respondent. The same shall be done within a period of two months from the date of receipt of the copy of this judgment. The petitioner will forward a copy of the writ petition along with a copy of the judgment to the sixth respondent, for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms