IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 40236 of 2003(M) -------------------------- PETITIONER(S): --------------- K.V.INDIRA, LOWER PRIMARY SCHOOL ASSISTANT, R.M.L.P. SCHOOL, ARATTUPUZHA, THRISSUR DISTRICT. BY ADV. SRI.V.RAJENDRAN SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR 3. THE ASSISTANT EDUCATIONAL OFFICER, CHERPU, THRISSUR DISTRICT 4. THE MANAGER, R.M.L.P. SCHOOL, ARATTUPUZHA, THRISSUR DISTRICT. GOVT. PLEADER SHRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.2.2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 40236/03. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REPRESENTATION DTD.6.11.97. P2. COPY OF THE LETTER DTD.13.11.97 OF R4. P3. COPY OF THE JUDGMENT IN O.P.No. 6063/98 OF THIS COURT. P4. COPY OF THE GOVT. ORDER DTD.30.7.98. P5. COPY OF THE REPRESENTATION BEFORE R1. P6. COPY OF THE LETTER DTD. 10.2.99 OF R4 TO R1. P7. COPY OF THE GOVT. LETTER DTD.4.7.2002. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 40236 of 2003 ================== Dated this the 19th day of February, 2010 J U D G M E N T The petitioner is an LPSA in an aided school. After 9 years of service, there was a division fall in the school and as a result, the petitioner had to be deployed to a Government school giving protection as on 15.7.1997. But she was not so deployed and she continued in the parent school. By Ext.P4 Government order, the Government upheld the right of the petitioner for protection with effect from 15.7.1997. But it was directed that the period during which the petitioner was not deployed should be treated as eligible leave or leave without pay. The petitioner is challenging that part of Ext.P4 order, which denies the petitioner salary for the period from 15.7.1997 till the date of actual deployment on protection. 2. According to the petitioner, once it is found that the petitioner was entitled to protection as on 15.7.1997, if the petitioner was not deployed giving protection because of any fault on the part of the respondents, the petitioner cannot be denied salary due to her. She points out that had the appropriate authority done what he ought to have done on 15.7.1997, she would not have been denied salary. Therefore, according to her, the respondents are liable to be directed to pay salary for the period during which the petitioner was not so w.p.c.40236/03 2 deployed. 3. No counter affidavit has been filed by the respondents. 4. The learned Government Pleader would submit that the non-deployment of the petitioner on 15.7.1997 was only because of a mistaken reading of the relevant Government orders by the AEO concerned and, therefore, the petitioner is not entitled to salary for the period during which she was not so deployed. 5. I have considered the rival contentions in detail. 6. In am of opinion that the petitioner cannot be allowed to suffer because of the negligence on the part of somebodyelse. As of right, the petitioner was entitled to be deployed as on 15.7.1997 on protection. That right has been upheld by Ext.P4. That being so, the petitioner was denied salary only because the concerned official misreading the relevant Government orders. As such, the petitioner cannot be denied salary for the period during which she continued in service in the parent school for want of orders of deployment. It is now submitted before me that later on the petitioner was absorbed in a regular vacancy which occurred on 1.6.1998 in the same school. That being so, the petitioner is entitled to salary for the period from 15.7.1997 to 31.5.1998 also. Accordingly, this writ petition is allowed and the respondents are directed to see that the salary due to the petitioner for the period from 15.7.1997 to 31.5.1998 is disbursed as w.p.c.40236/03 3 expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge