IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19421 of 2008(K) -------------------------- PETITIONER: ------------------ SREEJA S.NAIR, KARTHIKA (MANALADIYIL) THONNALLUR, PATHALAM P.O (U.P.S.A., S.V. HIGH SCHOOL, PONGALADY.) BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: ----------------------- 1. THE HEADMASTER, S.V.H.S. PONGALADY. 2. THE MANAGER OF DO. DO. 3. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA AT THIRUVALLA. 4. DEPUTY DIRECTOR OF EDUCATION, (DD) PATHANAMTHITTA. 5. DIRECTOR OF PUBLIC INSTRUCTIONS, (DPI) JAGATHY, TRIVANDRUM. 6. STATE OF KERALA, REP. BY ITS SECRETARY TO EDUCATION, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 19421 OF 2008 ............................................................................ Dated this the 27th June, 2008 J U D G M E N T As per Ext..P1 order of appointment, the petitioner was appointed as U.P.S.A. in S.V. High School, Pongalady. The appointment was approved with effect from 01.06.2007 onwards by the District Educational Officer, Pathanamthitta. The appointment of the petitioner was in a retirement vacancy of one Padmaja Devi Amma B. The grievance of the petitioner is that though her appointment was approved with effect from 01.06.2007, she was paid salary for the period from February 2008 only. The petitioner submitted Ext. P2 representation dated 24.05.2008 to the Headmaster of the school requesting to take appropriate steps for disbursement of arrears of salary due to her for the period up to January 2008. Since Ext.P2 representation did not evoke any response, the petitioner submitted Ext. P3 representation dated 06.06.2008 to the District Educational Officer, Pathanamthitta, Deputy Director of Education, Pathanamthitta and also to the Director of Public Instructions, pointing out her grievances . In Ext. P3 representation it was prayed that appropriate orders may be issued to disburse the arrears of salary due to the petitioner . Ext.P3 representation is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “i. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 to 6 to take steps to disburse the petitioner's arrears of salary for more than nine months. ii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents 3 to 5 to dispose of petitioner's Ext.P3 petition within a time to be fixed by this Hon'ble Court. W.P.(C) No. 19421 OF 2008 2 iii. Issue such other orders as are deemed fit and proper in the circumstances of the case. “ 3. Learned counsel for the petitioner submits that for the time being the petitioner would be satisfied if a direction is issued to the District Educational Officer, Pathanamthitta to consider Ext.P3 representation and to take appropriate action to enable the petitioner to get the arrears of salary. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The District Educational Officer, Pathanamthitta shall consider and dispose of Ext.P3 representation dated 06.06.2008 submitted by the petitioner, after affording an opportunity of being heard to the petitioner as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of the judgment. ii) The District Educational Officer, Pathanamthitta shall also hear the Headmaster of the school. iii) Since notice in the Writ Petition is not issued to the Headmaster and to the Manager of the school, the petitioner shall send a copy of the judgment to the Headmaster and to the Manager of the school separately by registered post and shall produce proof of the same before the District Educational Officer, Pathanamthitta. iv) The petitioner shall produce a copy of the Writ Petition and a copy of the judgment before the District Educational Officer within a period of ten days. K.T. SANKARAN, JUDGE. lk