IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 35368 of 2007(I) ---------------------- PETITIONER : -------------------- R.ASHA, W/O. HARIKUMAR, AGED 29 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, GOVERNMENT U.P.SCHOOL, AROOKUTTY, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD, TRIVANDRUM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT. 5. THE CORPORATE MANAGER OF LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH, TRIVANDRUM. R1 TO R4 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 35368 of 2007(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT IN O.P.NO. 8268/1999-H OF THIS HON'BLE COURT. EXT.P2 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A. NO. 2468/2000-B. EXT.P3 : COPY OF THE ORDER NO. ET2-38243/99/DPI/K.DIS OF THE 2ND RESPONDENT. EXT.P4 : COPY OF THE APPOINTMENT ORDER. EXT.P5 : COPY OF THE -DO- -DO- EXT.P6 : COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT. EXT.P7 : COPY OF THE LETTER NO. F3/5521/2007/DPI OF THE 2ND RESPONDENT. EXT.P8 : COPY OF THE REPRESENTATION FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF G.O.NO. 56/02. FIN. DT. 16.01.02. EXT.R1(b) : COPY OF GOVT. LETTER NO. F3.24968/01/G/EDN. DT. 2.11.02. //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35368/2007-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2011 J U D G M E N T The petitioner who was a Teacher employed under the fifth respondent Manager is aggrieved by the delay in disbursal of salary in spite of the fact that the appointment has been approved and a further direction has been issued by the Director of Public Instruction as per Ext.P7. 2. The petitioner was appointed as U.P.S.A from 26/02/1997 in the Lutheran High School, South Aryad in Alappuzha District. Even though the appointment was rejected on the basis of a dispute regarding the management, the same was approved by the Director of Public Instruction and by Ext.P1 Judgment, this Court directed the Management to implement the order of the Director of Public Instruction. Ext.P2 is the copy of the Judgment in W.A.NO.2468/2000 where it was confirmed. By Ext.P3, the Director of Public Instruction ordered to approve the appointment of the petitioner from 26/02/1997 and, finally, the same was approved as evident from Ext.P4 order. W.P.(C). No.35368/2007 -:2:- 3. Since in the particular school there was no vacancy, she was appointed as U.P.S.A in Aryanad Luthergiri School, Thiruvananthapuram. It was approved on certain conditions as per Ext.P5. Again she was transferred to L.M.L.P. School, Muhamma in Alappuzha District and during the said period, she joined Government School on 13/02/2004. There was a Government Order dated 23/02/2006 directing that those employees who joined service between 16/01/2002 and 31/05/2003 will be given only basic pay etc.. Even though the petitioner approached the Assistant Educational Officer, as no action was taken, she approached the Director of Public Instruction who issued Ext.P7 order. The grievance raised is that inspite of the same, no action is being taken to disburse salary. 4. The order Ext.P7 shows that the benefits are due for the period from 05/06/2002 to 05/06/2003 and from 06/06/2003 to 12/02/2004. 5. The learned counsel for the petitioner submitted that after the filing of the writ petition, the benefits for the period from 05/06/2002 to 05/06/2003 have been disbursed. W.P.(C). No.35368/2007 -:3:- 6. In the counter affidavit, in the last paragraph it is mentioned that in the light of the Government Order Ext.R1(b), the third respondent has withheld the pay and full allowances in respect of the petitioner with effect from January, 2003. 7. The learned counsel for the petitioner submitted that Ext.R1(b) will not affect the rights of the petitioner to claim the pay and allowances since that refers to fresh grants of approval, and the stay order issued by the Government is regarding the same. It is pointed out that the petitioner's appointment was approved as per Ext.P4 from 1997. 8. In the light of the above, the writ petition is allowed. There will be a direction to respondents 3 and 4 to release the admissible pay and salary of the petitioner for the periods in question within a period of two months from the date of receipt of a copy of this Judgment. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms