IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 15400 of 2008(G) -------------------------- PETITIONER: ------------ M.K.GOPAKUMAR, L.P.S.A., GOVERNMENT L.P.SCHOOL, KUZHAKKAD, TRIVANDRUM. BY ADV. SRI.P.N.MOHANAN RESPONDENT: ------------- ASSISTANT EDUCATIONAL OFFICER, KATTAKADA, TRIVANDRUM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.15400 of 2008 G -------------------------------------- Dated this the 17th day of June, 2008. J U D G M E N T The petitioner had worked as L.P. School Teacher in Gjanodaya L.P.School, Mannamkonam in Thiruvananthapuram District. That school was an uneconomic one. According to the petitioner, the school was closed with effect from 31.5.2006. Learned Government Pleader submits that the school was closed as per notification dated 21.10.2005. The petitioner was entitled to protection. Accordingly he was deployed in Government L.P.School, Kuzhakkad in Thiruvananthapuram District as per Ext.P2 order dated 5.7.2006 passed by the Deputy Director of Education, Thiruvananthapuram. The petition- er was paid salary only upto February, 2006. It is stated that the petitioner joined in the Government L.P.School, Kuzhakkad on 7.7.2006. According to the petitioner, he is entitled to get salary from 1.3.2006 to 6.7.2006. The prayer in this Writ Petition is for issue of a writ of mandamus directing the respondent, the Assistant Educational Officer, Kattakkada, to pay the salary to the petitioner for the period from 1.3.2006 to 6.7.2006. 2. The learned Government Pleader submits that the question of regularization of the service of the petitioner is to be considered by the Director of Public Instruction. The question whether the petitioner is entitled WP(C) No.15400/2008 2 to get salary during the period from 1.3.2006 to 6.7.2006 is also be considered by the Director of Public Instruction. The petitioner has not made any representation to the Director of Public Instruction so far. In the facts and circumstances of the case, the Writ Petition is disposed of granting liberty to the petitioner to approach the Director of Public Instruction by filing a representation stating all relevant details. On receipt of such a representation, the Director of Public Instruction shall pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner. The petitioner shall file the representation within three weeks from today. The Director of Public Instruction shall dispose of the representation within a period of two months from the date of receipt of the representation. The petitioner shall produce a copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction for the effective disposal of the representation. It is made clear that I have not expressed any opinion on the merits of the claim made by the petitioner. K.T. SANKARAN, JUDGE. cks