IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 15982 of 2011(W) --------------------------------- PETITIONER: -------------- K.R.SREELEKHA, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), SREE CHITHIRA VILASAM BOYS HIGH SCHOOL, (SCVBHS), CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695304. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN SRI.M.V.JOSEPH (ALAPPUZHA) SMT.DIVYA CHANDRAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL-695101. 3. THE MANAGER, SSVGHS/SCVBHS/SCVLPS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695304. BY ADV. SRI. K.SIJU FOR R3 SRI.B.SUGATHAN FOR R3 SMT.BINDU GEORGE FOR R3 SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15982/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT WITH APPROVAL AS PER ORDER No.K.DIS.B6/4425/00 DTD. 27.11.00 ISSUED BY R2 TO PETITIONER. EXT. P2 : COPY OF ORDER No.01/2010 DTD. 1.6.10 ISSUED BY R3. EXT. P3 : COPY OF RELIEVING ORDER DTD. 2.8.10 ISSUED BY HEADMISTRESS OF SSVGHS, CHIRAYINKEEZHU. EXT. P4 : COPY OF ORDER No.B6/7238/10 DTD. 18.10.10 ISSUED BY R2. EXT. P5 : COPY OF ORDER No.76985/A3/10/G.EDN DTD. 7.2.11 ISSUED BY R1. EXT. P6 : COPY OF ORDER No.22392/A3/11/G.EDN DTD. 9.5.11 ISSUED BY R1. EXT. P7 : COPY OF LETTER No.38816/A3/11/G.EDN DTD. 4.10.11 ISSUED BY ADDL. SECRETARY, GOVT. OF KERALA, GENERAL EDUCATION (A) DEPT, TRIVANDRUM. EXT. P8 : COPY OF LETTER DTD. 13.10.11 OF District Educational Officer ADDRESSED TO HEADMASTER, SCV BOYS HIGH SCHOOL, CHIRAYINKEEZHU. EXT. P9 : COPY OF REPRESENTATION DTD. 20.10.11 SUBMITTED BY PETITIONER BEFORE R2. EXT. P10 : COPY OF REPRESENTATION DTD. 22.10.11 SUBMITTED BY PETITIONER BEFORE R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15982 OF 2011 --------------------------------------- Dated this the 15th day of November, 2011. J U D G M E N T This writ petition is filed by the petitioner seeking for a direction to the respondents to draw and disburse salary to the petitioner from August 2010 forthwith and ensure implementation of Exts.P5 and P6. 2. Heard the learned counsel for the petitioner, learned counsel appearing for the Manager and the learned Government Pleader. 3. The petitioner, who was initially appointed as U.P.S.A, was promoted as H.S.A (Social Studies) with effect from 05.06.2000. Ext.P1 is the copy of the appointment order. By Ext.P2 order, the petitioner was transferred to an anticipated vacancy in SCV Boys High School. Accordingly, she was relieved by Ext.P3. The 2nd respondent later objected to the transfer and withheld the salary of the petitioner as per Ext.P4 which resulted in denial of salary from August 2010. W.P.(C) No.15982/2011 2 4. The petitioner moved the Government and the Government, after cancelling the order of transfer, allowed her to continue in the SSV Girls High School. The same is evident from Ext.P5. This is the scenario in which the petitioner approached this Court. 5. By interim order dated 17.08.2011, this Court directed the respondents to disburse the salary along with arrears within a period of one month. It is now reported that the petitioner has received the salary. 6. In I.A. No.17963/2011 filed by the petitioner, the petitioner has prayed for a direction to the Manager to allow the petitioner to continue in SSV Girls High School, Chirayinkeezhu or SCV Boys High School, Chirayinkeezhu in the light of Ext.P7 Government Order. 7. Learned counsel for the Manager submitted that in the Girls High School, no sanctioned post is there. But, in the Boys High School, there is a sanctioned post. Therefore, the petitioner will be able to work there and get salary. It is further submitted that if the petitioner joins the Girls High School, the Manager has W.P.(C) No.15982/2011 3 no objection but there will not be any post to accommodate her and she will not get the salary also. In that view of the matter, the petitioner will be allowed to continue in the Boys High School itself. If there is any change of circumstance whereby a post is sanctioned in the Girls High School, she will be considered for a re-posting. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp