IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 26394 of 2005(P) -------------------------- PETITIONER(S): --------------- P. JAYARAMA, AGED 36 YEARS, S/O. NARAYANA BHAT, R/AT PELATHDKA HOUSE, PEON, HEDDARI AIDED U.P. SCHOOL, BAYAR P.O., CHIPPAR, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. 4. THE ASSISTANT EDUCATIONAL OFFICER, KASARGOD. 5. THE MANAGER, HEDDARI AIDED U.P. SCHOOL BAYAR P.O., CHIPPAR, KASARAGOD DISTRICT. 6. HEADMASTER, HEDDARI AIDED U.P. SCHOOL, BAYAR P.O., CHIPPR, KASARAGOD DISTRICT. GOVT. PLEADER SHRI.DILIP MOHAN FOR R1 TO 4 SRI.M.CHATHUKUTTY NAMBIAR FOR R5 SRI.RAJAKRISHNAN. K FOR R5 ADV.M.C.NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 7.4.2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26394/05. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER OF DY. DIRECTOR OF EDUCATION, DTD.17.8.99. P2. COPY OF THE ORDER OF R2 DTD.11.5.01. P3. COPY OF THE GOVT. ORDER DTD.11.10.02. P4. COPY OF THE JUDGMENT IN O.P.No. 30691/02 OF THIS COURT. P5. COPY OF THE JUDGMENT IN W.A.NO.1415/03 DTD.12.8.03 OF THIS COURT. P6. COPY OF THE REPRESENTATION DTD.2.9.03 BEFORE R5. P6A. COPY OF THE REPRESENTATION DTD.2.9.03 BEFORE R4. P6B. COPY OF THE REPRESENTATION DTD.15.9.93 BEFORE R6. P7. COPY OF THE ORDER DTD.18.7.2000 BY R5. P8. COPY OF THE ORDER OF R5 DTD.5.12.03. P9. COPY OF THE REPRESENTATION DTD.19.1.04 BEFORE R4. P10. COPY OF THE LETTER DTD.8.6.04 BY R4. P11. COPY OF THE REPRESENTATION DTD.15.6.04 BEFORE R1. P12. COPY OF THE ORDER DTD.8.7.05 BY R1. RESPONDENT(S)' EXHIBITS: R4A. COPY OF THE CIVIL APPEAL NO.2566/01. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 26394 of 2005 ================== Dated this the 7th day of April, 2010 J U D G M E N T The petitioner was appointed as a Peon in the aided school of the 5th respondent-manager, on 1.2.2000. That appointment was duly approved. But, unfortunately for the petitioner, the subsequent manager took a stand that the petitioner's appointment was wrongly approved. Several litigations ensued. But, in the meantime, the manager refused to admit the petitioner to duty. Consequently, he was kept away from duty for the period from 1.7.2000 to 3.12.2003. All litigations initiated by the manager in respect thereof ended in favour of the petitioner. Orders and judgments in respect thereof are produced in this writ petition. I am not specifically referring to each of them. Subsequently, the petitioner approached the educational authorities for regularisation of the period of service from 1.7.2000 to 3.12.2003. But, by Ext.P12 order, while regularising the service for the said period for other purposes, for the purpose of payment of salary, the said period was treated as non-duty without forfeiture of past service. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) a writ of mandamus or any other appropriate writ, order (sic) or directing the respondents to sanction and disburse the unpaid monthly salary payable to the petitioner from 1.7.2000 to 3.12.03 within a time frame or fixed by this Hon'ble Court. w.p.c.26394/05 2 ii) a declaration or any other appropriate writ or order declaring that the petitioner is entitled to the unpaid monthly salary payable to the petitioner from 1.7.2000 to 3.12.2003 in the light of the judgment in 1998 (2) KLT 194. iii) a writ of mandamus or any other appropriate writ order or direction directing the 5th respondent to pay the unpaid monthly salary payable to the petitioner from 1.7.2000 to 3.12.2003 within a time frame or fixed by this Hon'ble Court.” 2. I have heard the learned Government Pleader also. 3. Admittedly, all the authorities including this Court found that the petitioner's appointment and approval were in accordance with law. It was also specifically held that the petitioner was kept out of service for the period from 1.7.2000 to 3.12.2003 illegally. Therefore, I am of opinion that the petitioner could not have been denied service benefits including monetary benefits for the said period also. But, since the petitioner was wrongly kept out of service for the said period by the manager, the Government is entitled to recover the salary to be paid to the petitioner from the manager. Accordingly, this writ petition is disposed of with the following directions: I hold that the petitioner is entitled to all service benefits for the period from 1.7.2000 to 3.12.2003 also, including monetary benefits. The 6th respondent-Headmaster of the school shall, within two weeks from the date of receipt of a certified copy of this judgment, raise a bill for the arrears of salary due to the petitioner for the period from 1.7.2000 to 3.12.2003 and forward the same to the 4th respondent. w.p.c.26394/05 3 The 4th respondent shall honour the same and disburse the salary of the petitioner for the said period within one month from the date of receipt of the bill. The salary so paid to the petitioner shall be recovered from the 5th respondent-manager of the school. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge