IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 22547 of 2008(H) -------------------------- PETITIONER(S): -------------------- SHUNMUGA SUNDARAM.V, H.S.A (SS), TAMIL, PANCHAYATH HIGHER SECONDARY SCHOOL, VANDIPERIYAR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA. 3. THE MANAGER, PANCHAYATH HIGHER SECONDARY SCHOOO, VANDIPERIYAR (SECRETARY, VANDIPERIYAR GRAMA PANCHAYATH) 4. THE HEADMASTER, PANCHAYATH HIGH SCHOOL, VANDIPERIYAR. Sr.GP SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF APPOINTMENT ORDER DATED 4.11.1999 ISSUED TO THE PETITIONER. EXHIBIT P2: COPY OF APPOINTMENT ORDER DT.5.6.2000 ISSUED TO THE PETITIONER. EXHIBIT P3: COPY OF ORDER OF THE MANAGER, PANCHAYAT HIGH SCHOOL, VANDIPERIYA DT.2.1.2002. EXHIBIT P4: COPY OF ORDER OF ADVICE FOR APPOINTMENT DATED 19.12.2002 FROM THE P.S.C. EXHIBIT P5: COPY OF ORDER DATED 2.1.2003 OF THE VANDIPERIYAR GRAMA PANCHAYAT SECRETARY. EXHIBIT P6: COPY OF APPOINTMENT ORDER FROM THE PANCHAYAT HIGH SCHOOL MANAGER, VANDIPERIYAR. EXHIBIT P7: COPY OF REPRESENTATION DATED 30.8.2000 FROM THE PETITIOENR BEFORE THE 2ND RESPONDENT. EXHIBIT P8: COPY OF JUDGMENT DATED 21.2.2008 IN O.P.NO.745/2002. EXHIBIT P9: COPY OF JUDGMENT DATED 7.4.2008 IN WP(C).NO.19790 OF 2003. EXHIBIT P10: COPY OF ORDER OF THE DEO, KATTAPPANA. EXHIBIT P11: COPY OF REPRESENTATION DATED 23.6.2008 FROM THE PETITIONER BEFORE THE DEO KATTAPPANA /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.22547 of 2008 ----------------------------------------- Dated this the 12th March, 2009 JUDGMENT Heard Miss.Nisha Bose, the learned counsel appearing for petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. There was no appearance on behalf of respondents 3 and 4. 2. The petitioner was appointed as High School Assistant, Social Science (Tamil) in Panchayat High School, Vandiperiyar against an existing vacancy as per Exhibit P1 appointment order dated 4.11.1999 during the period from 4.11.1999 to 31.3.2000. That appointment was approved by the District Educational Officer, Kattappana, as per order dated 26.9.2000. Later, the petitioner was re-appointed as High School Assistant, Social Studies (Tamil) in the very same school as per Exhibit P2 order dated 5.6.2000, in a regular vacancy. The District Educational Officer, Kattappana, however, approved the appointment only for the period from 5.6.2000 to 30.3.2001. The petitioner continued in service. Along with the petitioner, three other teachers had been appointed. It WP(C).No.22547/08 2 appears that the Government in its order dated 7.5.2001, directed the Manager to terminate the services of the petitioner and the other teachers. The Manager thereupon issued an order dated 30.5.2001 terminating their services. Later, pursuant to the directions issued by this Court, they were reinstated in service, as per order dated 31.7.2001 passed by the Manager. The Manager thereafter issued Exhibit P3 proceedings dated 2.1.2002. 3. The petitioner was thereafter advised for regular appointment by the Kerala Public Service Commission, as per Exhibit P4 advice memo dated 19.12.2002. The Manager thereupon issued Exhibit P5 proceedings dated 2.1.2003 followed by Exhibit P6 appointment order dated 8.1.2003 appointing the petitioner as High School Assistant, Social Science (Tamil) against a resignation vacancy that arose on 17.7.2002. The said appointment was approved by the District Educational Officer with effect from 8.1.2003. The petitioner's grievance is that though his service has thus been regularised, WP(C).No.22547/08 3 he has not been paid salary and allowances for the period from 31.3.2001 to 7.1.2003. 4. The pleadings and the materials disclose that by Exhibit P9 judgment in W.P.(C).No.19790 of 2003, a learned Single Judge of this Court had directed the respondents to pay to Sri.A.N.Sabu, one among the teachers appointed along with the petitioner and named in Exhibit P3, arrears of salary and allowances for the period from 1.4.2001 to 4.6.2003. The District Educational Officer thereupon issued Exhibit P10 order dated 7.6.2008 directing payment of salary and allowances to Sri.A.N.Sabu during the said period. The pleadings and the materials disclose that the petitioner is similarly placed as Sri.A.N.Sabu, the petitioner in W.P.(C). 19790 of 2003 that was disposed of by Exhibit P9 judgment. 5. In that view of that matter, I hold that the petitioner is entitled to payment of salary and allowances for the period from 31.3.2001 to 7.1.2003. The District Educational Officer, Kattappana, the second respondent herein is directed to take WP(C).No.22547/08 4 steps to disburse arrears of salary to the petitioner for the said period. This shall be done within a period of three months from the date on which the petitioner produces a certified copy of this judgment before him. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE vgs.