IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 15045 of 2008(N) -------------------------- PETITIONER: ------------ BINDIYA GEORGE, CHENNAPPILLIL HOUSE, THOMMANKUTHU POST, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER, ST.JOHN'S H.S.S., KAVALANGAD, NELLIMATTAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, CHENKALCHOOLE, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE MANAGER, ST.JOHN'S HIGHER SECONDARY SCHOOL, KAVALANGAD, NELLIMATTAM-686 693. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.15045 of 2008 N -------------------------------------- Dated this the 13th day of June, 2008. J U D G M E N T The reliefs prayed for in the Writ Petition are the following:- (a). Issue a writ in the nature of Mandamus or any other appropriate writ direction or order commanding the 2nd respondent to forthwith approve the appointment of the petitioner pursuant to Ext.P2 order of appointment. (b). Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to forth with disburse the arrears of salary payable to be petitioner. (c). Issue such other writ, direction or order as are just and necessary in the facts and circumstances of the case to meet the ends of justice.” WP(C) NO.15045/2008 2 2. The learned Government Pleader submitted that after the filing of the Writ Petition the Director of Higher Secondary Education has passed an order dated 30.5.2008 and the grievance of the petitioner is to be taken as redressed. The order dated 30.5.2008 passed by the Director of Higher Secondary Education reads as follows:- “As per order read 1st the strength of staff in the Aided St.John's HSS, Kavalangad, Ernakulam been fixed for the Academic Year 2000-2002. As per the order referred to as 2nd approval was granted to the appointment of Smt.Bindiya George with effect from 05/08/2002 & 05/06/2002 after she qualified SET though she was initially appointed with effect from 01/10/2001. In accordance with Government order referred as 3rd whereby it was inter-alia ordered that the appointments of teachers who are acquired SET qualification at later dates will be approved with effect from their date of acquiring the same. Vide order read 4th above, Government have modified the Government order referred to as 3rd to the extent that the appointments of SET holders who were appointed during the ban period from WP(C) NO.15045/2008 3 14/02/2001 to 12/11/2001 will be approved with effect from their date of appointment. It has been further ordered that the arrears of salary in respect of the incumbents concerned on account of the above shall be merged in their Provident Fund account and the amount so merged shall be allowed to be drawn only after 30/11/2011. But SET holders appointed during ban period had already been given approval as per clause 6(a) of Government Order read 3rd. The matter was promptly brought to the kind notice of the Government and sought necessary orders of clarification vide this office letter No.Acd.B1/19393/HSE/06 dated 12/06/07. In response the above Government vide letter read 6th have informed that the position communicated in para 3 of this office letter mentioned (whereby it was requested to clarify whether the Government Order relates to the Non SET qualification) regarding the order in para 5 of the Government order read confirmed. WP(C) NO.15045/2008 4 IN these circumstances, the request of the Manager of Aided St.John's corporate Educational Agency, Kavalangad, Ernakulam is considered and the appointment of the following incumbent is approved as detailed below in accordance with the post sanctioned as per fixation order cited 1st. Name of Teacher Date of Birth Post Scale of pay Period of approval of appointment Remarks BINDIYAGEORGE 13/05/1976 HSST (ENGLISH) 6675- 10550/- 01/10/2001 to 04/06/2002 Temporary & Provisional Payment of arrears consequent to this approval will be accordance with the Government Order read 4th above. The order read 2nd stands modified to the above extent only.” WP(C) NO.15045/2008 5 In view of the order dated 30.5.2008 the main reliefs prayed for in the Writ Petition are satisfied. The Writ Petition is accordingly closed. If the petitioner has any further grievance, disposal of this Writ Petition in the manner indicated above, will not preclude the petitioner from taking appropriate steps before the appropriate Forum. K.T. SANKARAN, JUDGE. cks