IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 19288 of 2008(U) -------------------------- PETITIONERS: ------------ 1. HEADMISTRESS, DARUNNAJATH HIGH SCHOOL, NELLIPUZHA, MANNARKKAD, PALAKKAD 678 582. 2. SECRETARY, STAFF COUNCIL, DARUNNAJATH HIGH SCHOOL, NELLIPUZHA, MANNARKKAD, PALAKKAD 678 582. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE SUB TREASURY OFFICER, SUB TREASURY-I, MANNARKKAD, PALAKKAD DISTRICT. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE GOVT. ORDER DATED 23.7.2005 ISSUED BY THE FIRST RESPONDENT EXT.P2 TRUE COPY OF THE LIST OF TALUK AND ITS HEADQUARTERS ISSUED BY THE FIRST RESPONDENT EXT.P3 TRUE COPY OF RELEVANT EXTRACT OF THE REPORT OF THE 8TH PAY REVISION COMMISSION CONTAINING THE CHART SHOWING THE PAY SCALES AND HRA AVAILABLE TO DIFFERENT CLASSES OF CITIES, TOWNS AND OTHER PLACES ACCEPTED BY THE FIRST RESPONDENT AS PER GO(P) NO.125/2004/Fin. DATED 17.3.2006 EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 10.6.2008 EXT.P5 TRUE COPY OF THE JUDGMENT IN WP(C) No.37823/2007(C) DATED 19.12.2007 OF THIS COURT EXT.P6 TRUE COPY OF OBJECTION DATED 5.7.2008 ISSUED BY THE THIRD RESPONDENT EXT.P7 TRUE COPY OF INTIMATION NO.A2/204/2008 DATED 11.7.2008 ISSUED BY THE THIRD RESPONDENT TO THE FIRST PETITIONER EXT.P8 -DO- -DO- DATED 17.7.2008 -DO- -DO- //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19288 of 2008 U -------------------------------------- Dated this the 22nd day of July, 2008. J U D G M E N T The first petitioner is the Headmistress of Darunnajath High School, Nellipuzha. and the second petitioner is the Secretary of the Staff Council of the said school. 2. The reliefs prayed for in the Writ Petition are the following:- “i) Issue a writ of mandamus or appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P4 after notice and opportunity for hearing to the petitioners; ii) direct the respondents 2 and 3 to disburse salary to the teaching and non teaching staff of Darunnajath High School, Nellipuzha, Mannarkkad without effecting any reduction/recovery with regard to House Rent Allowance till the disposal of Ext.P4; WP(C) No.19288/2008 2 iii) Issue such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and iv) Award costs of this petition.” 3. The petitioners are mainly aggrieved by the recovery of house rent allowance paid to the teachers of the school, on the basis of Ext.P3 Government Order. The third respondent took the view that the teachers who are receiving house rent allowance at the rates applicable to Cities not in B and C Classes will be paid house rent allowance applicable to other places as per Ext.P3. 4. The school in question is within the territorial limits of Mannarkkad - II Village in Mannarkkad Taluk. It is stated that the distance between the school and Mannarkkad Town is less than one kilometre. It is also stated that Mannarkkad is a City not coming under Classes B and C for the purpose of regulating house rent allowance to Government employees. The teachers in the school were getting the benefit of house rent allowance on the basis that the school is situated within Mannarkkad Town limits. The petitioners state that erstwhile Mannarkkad Grama Panchayat was divided into two - Mannarkkad Grama Panchayat and Thenkara Grama Panchayat. The school in question is situated in the border area of Thenkara Grama Panchayat. The WP(C) No.19288/2008 3 case of the petitioners is that the teachers cannot be denied the house rent allowance on the basis of Ext.P3. Pointing out their grievance, petitioners have submitted Ext.P4 representation dated 10.6.2008 to the Government. Ext.P4 representation is pending disposal. 5. Learned counsel for the petitioners submits that , for the present, the petitioners would be satisfied, if the Government is directed to dispose of Ext.P4 representation at the earliest and to keep in abeyance the deferring of payment of salary including house rent allowance to the teachers in the school. Counsel for the petitioners submits that in W.P.(C) No.37823 of 2007 which was disposed of on 19.12.2007, the Government was directed to consider a representation similar to the one which is involved in this case. In the facts and circumstances of the case and also taking note of Ext.P5 judgment dated 19.12.2007 in W.P.(C) No.37823 of 2007, the Writ Petition is disposed of as follows:- (i) The Government shall dispose of Ext.P4 representation as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to any one of the petitioners. (ii) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Government. WP(C) No.19288/2008 4 (iii) Till Ext.P4 is disposed of by the Government, the petitioners shall be entitled to get salary including house rent allowance as was being drawn by them earlier and there shall be no recovery of any alleged excess payment as well. K.T. SANKARAN, JUDGE. cks