IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WA.No. 157 of 2009 --------------------------- (AGAINST THE JUDGEMENT IN W.P.(C).NO.18827/2004 DATED 08/08/2008 OF THIS HON'BLE COURT) .................... APPELLANT/ PETITIONER: -------------------------------------- J.ABDUL ASATHAR, S/O.YOONUS LABBA, AGED 47 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), ST.JOSEPH'S HIGH SCHOOL, KULATHOOR, PATHANAMTHITTA. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA, MR.M.SAJJAD. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, PARASSALA, TRIVANDRUM. 4. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, ARCH DIOCESE OF CHANGANASSERY EDUCATIONAL AGENCY, CHANGANACHERRY-`1. 5. THE HEADMASTER, ST.GEORGE L.P.SCHOOL, AMBOORI, TRIVANDRUM DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ W.A. NO: 157 OF 2009 ----------------------------------------------------------------------------------- Dated this the 22nd January, 2009. JUDGMENT BALAKRISHNAN NAIR, J. The appellant is the writ petitioner. He moved this Court claiming salary for the period from 1.11.1995 to 14.7.1997. He was a full time Arabic Teacher working in St. George School, Amboori. While so the post of full time Arabic Teacher in that School was reduced to part time as per staff fixation order for the year 1995-96. The petitioner was transferred to St. Mary's School, Vaipur, where during the relevant year a full time post was available. The petitioner moved the Director of Public Instruction against his transfer order. Though the DPI allowed his appeal, the government reversed that order. Challenging that order of the government petitioner preferred O.P.No:12651/1996. In C.M.P.22222/1996 this Court passed an interim order to the effect that the continuation of the petitioner in the St. George School was at his own risk. Ultimately the original petition was disposed of granting the relief of considering Ext.P14 representation filed by him. No other prayer was pressed and, therefore, no other relief W.A. No: 157/2009 2 was granted. Pursuant to the said direction, the Assistant Educational Officer, Parassala considered the matter and rejected the petitioner's claim by Ext.P3. The said order was affirmed by the government in Ext.P4. Therefore, challenging Exts.P3 and P4 the present writ petition was filed. He also sought for payment of salary from 1.11.1995 to 14.7.1997. Since there was a full time post available in the School at Amboori from 15.7.1997 he was treated as full time Arabic Teacher and emoluments were released to him. 2. The learned Judge found that in the absence of any full time post in the school and also the fact that he continued at his risk, the petitioner is not entitled to get any salary . But learned counsel for the petitioner pointed out that in Vaipur also there was reduction of periods of Arabic Teacher and the full time post was reduced as part time post during the academic year 1996-97. Therefore, he should have been granted full time status in view of relevant executive orders. The said claim could have been considered, if the petitioner obeyed the transfer order, went and worked there during the academic year 1995-96. The petitioner at his own risk continued in his parent school till a full time post was available. Therefore, he is not entitled to get salary. W.A. No: 157/2009 3 3. We find that there is nothing wrong with the decision of the learned Single Judge. Accordingly writ appeal is dismissed. K.BALAKRISHNAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: