IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 29138 of 2010(N) PETITIONER: ANNAMMA V.C., W/O.ANIL VARGHESE, VADAKKEKALLAMPALLIL,KUDAMALOOR P.O., KOTTAYAM (PEON,CMS UP SCHOOL, CHELAKOMPU). BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENTS: 1. STATE OF KERALA RPERESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 4. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KARUKACHAL. 5. THE CORPORATE MANAGER, CMS SCHOOL, CSI DIOCESAN OFFICE, CATHEDRAL ROAD, KOTTTAYAM. R1 TO R4 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 29138 OF 2010 N ------------------------------------------------------ Dated this the 7th day of October, 2010 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to the fifth respondent. Learned Government Pleader takes notice for respondents 1 to 4. 2. It is stated that the petitioner was appointed as Part Time Menial in a short term vacancy for the period from 8.10.2003 to 2.6.2004 in BI Teachers' Training Institute, Kottayam, of which, the fifth respondent is the Corporate Manager. The petitioner was thereafter promoted and appointed as Full Time Menial in a regular vacancy on 3.6.2004 in BIG High School, Pallom under the same management. The promotion of the petitioner as Full Time Menial was approved by the District Educational Officer. The petitioner was getting salary and allowances. While so, a permanent vacancy of Peon occurred in CMS U.P.School, Chelakompu, under the same management, on account of the promotion of one Betty Joseph as Attender. In that vacancy, the petitioner was promoted and appointed as Peon with effect from 6.5.2010. The Assistant W.P.(C) NO.29138 OF 2010 :: 2 :: Educational Officer, as per Ext.P3 order dated 31.7.2010, rejected the proposal to approve the promotion of the petitioner as Peon on the ground that CMS U.P.School, Chelakompu is an uneconomic school and on the basis of G.O.(MS)No.259/06/G.Edn. dated 12.10.2006 (Ext.P4). Aggrieved by Ext.P3 order passed by the Assistant Educational Officer, the Manager filed Ext.P8 appeal dated 10.8.2010 before the District Educational Officer, Kanjirappally and the same is pending. 3. The petitioner submitted application to the Assistant Educational Officer for granting salary of Full Time Menial, pending consideration of the question of approval of her appointment as Peon. That application was rejected by the Assistant Educational Officer as per Ext.P12 order dated 4.8.2010. 4. The contention of the petitioner is that the Government Order relied on in Ext.P3 is applicable only to teachers and not to non-teaching staff. Such a contention was raised by the Manager also in Ext.P8 appeal. Ext.P12 order passed by the Assistant Educational Officer can be challenged by the petitioner before the higher authority. W.P.(C) NO.29138 OF 2010 :: 3 :: 5. In the facts and circumstances of the case, I do not think it is proper to decide the questions raised by the petitioner in the Writ Petition, in view of the pendency of Ext.P8 appeal before the District Educational Officer and also on the ground that the petitioner has an adequate effective alternative remedy against Ext.P12. 6. In the facts and circumstances of the case, since the petitioner is not getting any salary at all now, it is only just and proper to issue a direction to the District Educational Officer to dispose of Ext.P8 appeal, as expeditiously as possible and, at any rate, within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner as well as the Manager and any other affected party. The District Educational Officer shall also consider the question, whether pending disposal of Ext.P8 appeal, salary could be paid to the petitioner as Full Time Menial, after satisfying that no other person is drawing salary as Full Time Menial in respect of the post held by the petitioner and after taking sufficient safeguards. If there is no impediment in disbursing salary to the petitioner, the District Educational Officer shall pass appropriate interim orders within a W.P.(C) NO.29138 OF 2010 :: 4 :: period of two weeks. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the District Educational Officer. A copy of the judgment shall also be sent by the petitioner to the fifth respondent by registered post and he shall produce proof of the same before the District Educational Officer. (K.T.SANKARAN) Judge ahz/