IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 24581 of 2011(W) -------------------------- PETITIONER(S): ---------------------- SUSAN KURUVILA, W/O.REV.JACOB K.IDICULA, KUZHIPARAMBIL HOUSE, KOZHUVALLOOR P.O, CHENGANNUR, ALAPPUZHA (UPPER PRIMARY SCHOOL ASSISTANT, CMS HIGH SCHOOL,KANAM) BY ADVS. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM - 686 001. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY - 689 645. 4. ASSISTNT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM EAST - 686 001. 5. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHANGANACHERRY - 686 011. 6. THE CORPORATE MANAGER, CMS SCHOOLS, CSI DIOCESE OF MADHYA KERALA, KOTTAYAM - 686 001. R1 TO R5 BY GOVT. PLEADER SMT. NISHA BOSE R6 BY SR.ADV. SRI.BABU VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.24581 OF 2011 (W) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF THE ORDER OF APPOINTMENT DTD: 19.06.2006 ISSUED BY RESPONDENT NO.6 AND APPROVED BY THE ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA. P2. : COPY OF THE ORDER OF APPOINTMENT DTD: 10.06.2008 ISSUED BY RESPONDENT NO.6 AND APPROVED BY RESPONDENT NO.4 P3. : COPY OF THE ORDER OF APPOINTMENT DTD: 01.06.2009 ISSUED BY RESPONDENT NO.6. P4. : COPY OF THE APPOINTMENT ORDER DTD: 30.06.2009 ISSUED BY RESPONDENT NO.6. P5. : COPY OF THE ORDER OF APPOINTMENT DTD: 01.06.2010 ISSUED BY RESPONDENT NO.6 AND APPROVED BY DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. P6. : COPY OF THE APPOINTMENT ORDER DTD: 23.05.2011 ISSUED BY RESPONDENT NO.6. P7. : COPY OF THE JUDGEMENT DTD: 19.10.2010 PASSED BY THIS HON'BLE COURT IN WP(C) NO.27656/2010. P8. : COPY OF THE ORDER DATED 31.01.2011 PASSED BY RESPONDENT NO.1. P9. : COPY OF THE ORDER DTD: 07.04.2011 PASSED BY RESPONDENT NO.6 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AMV T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24581 of 2011-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011. JUDGMENT The petitioner is working as UPSA in C.M.S. High School, Kanam. She seeks for a direction to the department officers including the fourth respondent to take steps to implement Ext. P9 proposal submitted by the Manager. The petitioner is senior to Shri K.A. Johnson. The Director of Public Instruction, by Ext.P8 order, directed to retain the petitioner in C.M.S. L.P.S., Pallom. It is further ordered that the approval given to Shri K.A. Johnson in C.M.S. L.P.S., Pallom on the transfer vacancy of Smt. Susan Kurivila,viz. the petitioner herein, for the period from 1.6.2009 is cancelled. The Manager is also directed to accommodate Shri K.A. Johnson in the available vacancy in any school after retrenching juniors, if any, under the same management. 2. Thereafter, the Management has passed Ext.P9 order in which it is stated in para 3 to accommodate the senior hand Smt. Susan Kuruvilla in C.M.S. L.P. School, Pallom, and the junior hand Sri K.A. Johnson was retrenched with retrospective effect from 1.6.2009 to 31.5.2010 and his lien for the period is adjusted as provided therein. wpc 24581/2011 2 3. Heard learned Government Pleader and learned Senior Counsel appearing for the sixth respondent. 4. Learned Government Pleader submitted that as far as the refund of salary from Shri K.A. Johnson is concerned, no specific proposal has been made in Ext.P9 and therefore the action on Ext.P9 could not be finalised. 5. Along with the counter affidavit of the sixth respondent, a letter dated 1.10.2011 of the Assistant Educational Officer has been produced. The direction by the Assistant Educational Officer therein, is to recover the salary and allowances from Shri K.A. Johnson for the period from 1.7.2009 to 31.5.2010. Learned counsel for the petitioner submitted that pursuant to Ext.P7 judgment, the basic salary from 1.6.2009 to 31.5.2010 was disbursed and what remains is the payment of salary and allowances for one month. Learned counsel for the petitioner also sought for a direction to recover the salary from the teacher or to initiate steps against the Manager. 6. The writ petition is disposed of in the following terms: There will be a direction to the fourth respondent to finalise the approval of proposal made by the Manager as per Ext.P9 after notice to the petitioner, the Manager and Shri K.A. Johnson and final orders will be passed within one month from the date of receipt of a copy of this judgment. wpc 24581/2011 3 Consequential orders in the matter will also be passed by the second respondent. Regarding recovery of salary from Shri K.A. Johnson, the Assistant Educational Officer is free to pass appropriate orders. If any delay occurs in the matter of recovery of salary from Shri K.A. Johnson, the same will not stand in the way of approving the proposal as far as the petitioner is concerned and regularising her service. Till final orders are passed in the matter, the interim order passed by this Court will continue. No costs. (T.R. Ramachandran Nair, Judge.) kav/