IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 6559 of 2005(E) -------------------------------------- PETITIONER(S): ----------------------- GEETHA. S., 1ST GRADE MALAYALAM INSTRUCTOR, KERALA KALAMANDALAM, CHERUTHURUTHY, TRICHUR. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE BY ADV. SRI.K.VINODKUMAR SRI.P.K.MANOJ KUMAR RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNEMENT, CULTURAL AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA KALAMANDALAM, (STATE ACADEMY OF ARTS) REPRESENTED BY ITS SECRETARY, CHERUTHURUTHY, TRICHUR. 3. THE SECRETARY, KERALA KALAMANDALAM, CHERUTHURUTHY, TRICHUR. 4. THE CHAIRMAN, KERALA KALAMANDALAM, CHERUTHURUTHY, TRICHUR. R1 BY SR GOVT PLEADER SRI.MATHEW GEORGE VADAKKEL R2 TO R4 BY ADV. SRI.GEORGE POONTHOTTAM, SC,KALAMANDALAM SRI.S.P.ARAVINDAKSHANPILLAY,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6559/2005 APPENDIX PETITIONER'S EXHIBITS: P1 PHOTOSTAT COPY OF THE EXPERIENCE CERTIFICATE NO.KKM/A-4/1733/2004 DATED 14/9/2004 ISSUED BY THE SECRETARY, KERALA KALAMANDALAM, THRISSUR TO THE PETITIONER. P2 PHOTOSTAT COPY OF THE CHARACTER AND CONDUCT CERTIFICATE NO.KKM/A-4/1733/2004 DATED 14/9/2004 ISSUED BY THE SECRETARY OF THE SECOND RESPONDENT INSTITUTE TO THE PETITIONER. P3 PHOTOSTAT COPY OF THE N.O.C.NO.KKM/A-4/1733/2004 DATED 14/9/2004 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. P4 PHOTOSTAT COPY OF THE APPOINTMENT ORDER NO.AD.C1/26773/04 DATED 10/1/2005 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY DEPARTMENT TO THE PETITIONER P5 PHOTOSTAT COPY OF THE LETTER NO.KKM/A3/151/05 DATED 29/1/2005 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. P6 PHOTOSTAT COPY OF THE REPRESENTATION DATED 31/1/2005 SUBMITTED BY THE PETITIONER TO THE SECRETARY, KERALA KALAMANDALAM, CHERUTHURUTHY. P7 PHOTOSTAT COPY OF THE REPRESENTATION DATED 31/1/2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P8 PHOTOSTAT COPY OF THE ORDER NO.AD.C1/1172/HSE/EXT/2005 DATED 31/1/2005 ISSUED BY THE DIRECTOR, OF HIGHER SECONDARY EDUCATION,TVM. P9 PHOTOSTAT COPY OF THE REPRESENTATION DATED 2/2/2005 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, KERALA KALAMANDALAM, CHERUTHURUTHY. P10 PHOTOSTAT COPY OF THE REPRESENTATION DATED 5/2/2005 SUBMITTED BY THE PETITIONER TO THE SECRETARY, KERALA KALAMANDALAM, CHERUTHURUTHY. P11 PHOTOSTAT COPY OF THE REPRESENTATION DATED 8/2/2005 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN SECRETARY, KERALA KALAMANDALAM. P12 PHOTOSTAT COPY OF THE REPRESENTATION DATED 11/2/2005 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR CULTURAL AFFAIRS. P13 PHOTOSTAT COPY OF THE REPRESENTATION DATED 15/2/2005 SUBMITTED BY THE PETITIONER TO THE SECRETARY, GENERAL EDUCATION DEPARTMENT,TVM. 2/- -2- WP(C)NO.6559/2005 P14 PHOTOSTAT COPY OF THE GOVERNEMENT ORDER NO.G.O.9P)NO.193/2004/FIN DATED 20/4/2004 ISSUED BY THE GOVERNMENT. P15 PHOTOSTAT COPY OF THE ORDER NO.GA/A2/2246/2005 DATED 24/1/2005 ISSUED BY THE GOVERNMENT. P16 PHOTOSTAT COPY OF THE INTERIM ORDER DATED 24/2/2005 IN WP(C) NO.6559/2005-E PASSED BY THE HIGH COURT OF KERALA AT ERNAKULAM. P17 PHOTOSTAT COPY OF THE CASH RECEIPT DATED 26/2/2005 RS.33/- ISSUED BY THE B.S.N.L. BY THE PETITIONER SENDING THE FAX MESSAGE. P18 PHOTOSTAT COPY OF THE TRANSMISSION VERIFICATION REPORT DATED 26/2/2005 TIME 10:13. P19 PHOTOSTAT COPY OF THE ORDER NO.K.K.M./A3/151/2005 DATED 24/2/2005 ISSUED BY THE VICE CHAIRMAN IN-CHARGE OF CHAIRMAN, KERALA KALAMANDALAM, TRICHUR, TO THE PETITIONER. P20 PHOTOSTAT COPY OF THE REPRESENTATION DATED 1/3/2005 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, KERALA KALAMANDALAM, CHERUTHURUTHY. P21 PHOTOSTAT COPY OF THE RECEIPT DATED 1/3/2005 ISSUED BY THE SPEED TRACK SYSTEMS AND SOLUTIONS. P22 PHOTOSTAT COPY OF THE COVER DATED 25/2/2005 ISSUED BY THE KERALA KALAMANDALAM, CHERUTHURUTHY P.O. TO THE PETITIONER. P23 PHOTOSTAT COPY OF THE REPRESENTATION DATED 28/2/2005 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, KERALA KALAMANDALAM, CHERUTHURUTHY. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE REQUEST DATED 16/2/2005. R2(B) COPY OF THE PROCEEDINGS OF THE DEO, CHERPALCHERY. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.6559 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2011 J U D G M E N T The petitioner while working as 1st Grade Instructor in Malayalam Sahithyam with the 2nd respondent Institute was selected for appointment in the post of Higher Secondary School Teacher in Government Higher Secondary School, Perumbavoor. The petitioner requested the 2nd respondent to relieve the petitioner from service so that the petitioner can join as HSST in Government Higher Secondary School, Perumbavoor. The respondents 2 to 4 took the stand that the petitioner cannot be relieved from service and she has to resign from service. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: i. To issue a writ of certiorari or other appropriate writ order or direction to quash Exhibit P5 memo issued by the 3rd respondent. ii. To issue a writ of mandamus or other appropriate writ order or direction directing 2 to 4 to issue to the petitioner the necessary reliving order from the post of 1st Grade Instructor Malayalam Sahithyam in the 2nd W.P.(C)No.6559 of 2005 -2- respondent Institute to enable the petitioner to join duty as HSST in the Government Higher Secondary School Perumbavoor on the basis of Exhibit P4 appointment order.” On 24.2.2005 this court passed the following interim order: “Admit. Urgent notice to respondent No:1. Adv.Shri. George Poonthottam accepts notice for respondents 2, 3 and 4. Heard counsel for the petitioner, Government Pleader and counsel for respondents 2 to 4. In the light of the urgency pointed out and discernible from Exhibit P8 proceedings of the Director of Higher Secondary Education, there shall be a direction to the third respondent to issue appropriate order to the petitioner forthwith, relieving her from the services of the second respondent, so that the petitioner can report for duty pursuant to Exhibit P8 order. The relieving order will be issued on provisional basis and subject to further orders to be passed by this Court. Issues relating to the right, if any, of the petitioner to reckon the services rendered by her under the second respondent, including the right to claim pro-rata pension, gratuity etc., can be decided, if so required, when the matter comes up for further orders.” It is submitted that the petitioner was relieved from the service of the 2nd respondent consequent to which the petitioner has joined as HSST in Government Higher Secondary School, Perumbavoor where her probation has also been declared. Subsequently the petitioner filed an application for amendment of the writ petition seeking reliefs in respect of counting of her services with the 2nd respondent for service benefits as a HSST. But the W.P.(C)No.6559 of 2005 -3- petitioner has not produced the amended writ petition. The counsel for the petitioner now submits that the writ petition may be disposed of in terms of the interim order leaving the question of grant of service benefits reckoning the service with the 2nd respondent also open to be agitated as and when it becomes necessary to claim benefits in the post of HSST. Accordingly this writ petition is disposed of in terms of the interim order without prejudice to the right of the petitioner to take up the question of reckoning of the services rendered by her under the 2nd respondent including the right to claim pro-rata pension, gratuity etc. in appropriate proceedings as and when required. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/