IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21015 of 2005(B) ---------------------------------------- PETITIONER(S): ----------------------- CHANDRIKA M. MUKRIVALAPPIL, NEEDLE WORK TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, QUILANDY, KOZHIKODE DISTRICT. BY SRI.C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE, ADV. SRI.ELVIN PETER P.J., SRI.S.RAMESH, SRI.P.N.SANTHOSH, SRI.NAVEEN.T, SRI.T.G.SUNIL (PRANAVAM), SMT.POOJA SURENDRAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. R1 & R2 BY GOVT. PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21015 of 2005(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER G.O.(RT) NO.1454/2000/G.EDN. DATED 11/04/2000. EXT.P2: COPY OF THE ORDER NO.E4/4158/2000. DATED 03/07/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE COMMUNICATION NO.A6.4158/2000, DATED 05/09/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 23/03/2001 FILED BY THE PETITIONER. EXT.P5: COPY OF THE ORDER G.O.(RT) NO.1735/2001/G.EDN. DATED 28/04/2001. EXT.P6: COPY OF THE ORDER DATED 22ND JUNE, 2001 IN CMP. NO.24659/2001 IN O.P. NO. 15759/2001 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE JUDGMENT DATED 20TH MAY, 2005 IN O.P. NO.15759/2001 OF THIS HONOURABLE COURT. EXT.P8: COPY OF THE ORDER NO.B3/101228/03/DPI/K.DIS. DATED 17/02/2004 ISSUED BY THE D.P.I. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21015 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of August, 2011. J U D G M E N T The petitioner is a needle work teacher in Government schools. She was transferred to a school where there was no vacancy to accommodate the petitioner. Consequently, a confusion arose and the petitioner was not paid salary. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to disburse the salary of the petitioner for the period from 1.7.2000 to 31.3.2002 and from 15.7.2002 to 8.1.2003 (total 26 months and 24 days); ii. issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to disburse the increments due to the petitioner from 2000 onwards. iii. issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to disburse the petitioner Onam Festival Allowance and other allowances from 2000 to 2003.” 2. It is now admitted that the salary has been paid to the petitioner for the period in question. The petitioner submits that the petitioner has two more grievances. First is regarding interest on delayed payment. The second is relating to payment of onam festival allowance for the period from 2000 to 2003. 3. As far as the interest is concerned, I am of opinion that since there was no deliberate intention not to pay the salary and since it was because of the imbroglio on account of the wrong W.P(C) No. 21015 of 2005 -: 2 :- transfer, I am not inclined to grant interest. But, if festival allowance due to the petitioner for any year has not been paid, the same shall be paid within two weeks from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/