IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 15489 of 2008(R) -------------------------- PETITIONER: ------------ B.KRISHNA GEETHI, AGED 41 W/O.SUNILNATH, HIGHER SECONDARY SCHOOL TEACHER (HINDI), S.D.P.Y.HIGHER SECONDARY SCHOOL PALLURUTHY, KOCHI-682006 BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING THIRUVANANTHAPURAM 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPALLY, ERNAKULAM 4. THE PRINCIPAL, S.D.P.Y.HIGHER SECONDARY SCHOOL, PALLURUTHY, KOCHI-682006 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R4 SRI.S.SUJIN FOR R4 BY GOVERNMENT PLEADER SHRI A.J.VARGHESE FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.15489 of 2008 R -------------------------------------- Dated this the 19th day of August, 2008. J U D G M E N T The petitioner is a Higher Secondary School Teacher working in S.D.P.Y. Higher Seconday School, Palluruthy, Kochi. The grievance of the petitioner is that she was not paid the arrears of pay and allowances for the period from 15.7.1992 to 31.8.2006. 2. The reliefs prayed for in the Writ Petition are the following:- “a. Issue a Writ of mandamus or other appropriate Writ order or direction commanding the respondents 3 and 4 to draw and disburse arrears and pay and allowances to the petitioner from 15.7.1992 to 31.8.2006 in terms of Exhibit P1 and P2 orders within a time frame. b. Pass such other order or direction which this Hon'ble Court May deem fit and proper to grant in the circumstances of the case.” WP(C) No.15489/2008 2 3. There is no dispute that the petitioner is entitled to the arrears of pay and allowances for the aforesaid period. As per Ext.P1 order dated 28.4.2005 passed by the Government, sanction was accorded for the payment of arrears of salary due to the petitioner for the period from 15.7.1992. The direction contained in Ext.P1 should be complied with. The petitioner should be paid the arrears of salary. The technical objections raised in paragraphs 3 and 4 of the counter affidavit should not be an answer to the claim of the petitioner for getting the arrears of salary. Appropriate steps shall be taken by the Principal and other respondents to see that the arrears of salary sanctioned to the petitioner as per Ext.P1 order dated 28.4.2005 are paid to her within a period of three months. The petitioner shall produce a copy of this judgment before the fourth respondent, Principal, for complying with the necessary formalities to be done. K.T. SANKARAN, JUDGE. cks