IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 26216 of 2005(U) ---------------------------------------- PETITIONER(S): ------------------------- RATHI.K., G.L.P.SCHOOL, VAYANNUR, P.O.ALACHERRY, KANNUR DISTRICT. BY ADV. MR.M.VIJAYAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR SOUTH. R1 & R4 BY SR. GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 26216/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GOVT. ORDER G.O.(MS) NO.246/02/G.EDN. DTD. 12.8.02. P2:- COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 28.8.02. P3:- COPY OF THE ORDER OF THE 3RD RESPONDENT DT. 12.11.02. P4:- COPY OF THE ORDER NO.GO(RT) NO.2708/92/G.EDN. DTD. 22.7.92. P5:- COPY OF THE ORDER G.O.(RT) NO.3156/GED DTD. 24.6.05. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.26216 OF 2005 --------------------------------------- Dated this the 13th day of October, 2009. J U D G M E N T The petitioner is aggrieved by Exhibit P5 order by which the revision petition filed by the petitioner was rejected by the Government. 2. The petitioner was appointed in service on 27.01.1977 in Adoor Central L.P.School in Kannur District, an aided school. She was promoted as Headmistress in the school from 01.04.2002 in a retirement vacancy. The Government had decided to close down the school as it became uneconomic. Exhibit P1 is the said order. Exhibit P2 is the direction issued by the Director of Public Instruction to close down the school. The petitioner was deployed to Government High School, Azhikode as per Exhibit P3 order and the petitioner joined there on 18.11.2002. The petitioner is claiming salary and other benefits, which were rejected by the Government as per Exhibit P5. W.P.(C) No.26216/2005 2 3. In Exhibit P5, the Government took the view that since the school was an uneconomic one and was closed down on 30.04.2002, the petitioner is not entitled to be paid salary. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. In the light of the fact that the school was declared as an uneconomic one, in terms of the various orders issued from time to time, the petitioner was found not entitled to be paid salary. No interference is thus called for. In that view of the matter, the writ petition fails and the same is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp