IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 34506 of 2005(G) --------------------------------------- PETITIONER(S): --------------------- STELLA SNEHAM, RETIRED SEWING TEACHER, FRANK VILLA, ECLIPS HILL, MANANTHAVADY. BY ADV. SMT.S.A.SHERLY RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD. 3. THE ACCOUNTANT GENERAL, TRIVANDRUM. R1 TO R3 BY GOVERNMENT PLEADER MR.ARAVINDA KUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34506/2005-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GOVT. ORDER BEARING G.O.(RT)NO.2035/91/GE DATED 28/06/1991. EXT.P2: COPY OF THE ORDER NO.D2/11825/97 DATED 09/12/1997. EXT.P3: COPY OF THE PETITION ISSUED BY THE PETITIONER. EXT.P4: COPY OF THE PETITION SUBMITTED BY THE PEOPLE'S COUNCIL FOR SOCIAL JUSTICE ON JULY 23RD 1998. EXT.P5: COPY OF THE LETTER DATED 10/03/1999 OF 1ST RESPONDENT. EXT.P6: COPY OF THE PETITION SUBMITTED TO THE LEGAL SERVICE COMMITTEE, MANANTHAVADY DATED 22/12/2004. EXT.P7: COPY OF THE PETITION SUBMITTED TO THE MEMBER SECRETRY KERALA STATE LEGAL SERVICE AUTHORITY, KOCHI DATED 19/09/2005. EXT.P7(a): COPY OF THE LETTER DATED 29/05/98 RECEIVED ON 17/07/98 BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. V.K.MOHANAN, J. ---------------------------------------- WPC. No.34506 OF 2005 ---------------------------------------- Dated, 16th day of July, 2009 JUDGMENT The petitioner is a retired Sewing Teacher. She approached this Court praying inter alia to issue a writ of mandamus directing the respondents to grant the full time service benefits as contemplated by the Government Order viz., G.O.(Rt.)56/71/Gen.Edn. dated 19.5.1971. It is also prayed for a declaration that inaction on the part of the respondents in granting the benefits as per Ext.P1 Government Order is highly illegal and arbitrary. Another prayer is for a direction to pay compensation to the petitioner for the undue delay and inaction in implementing the orders in favour of the petitioner and failure in granting her service benefits. The fourth prayer is for a direction to the Ist respondent to issue clarification to the Accountant General to approve the fixation of pay and pensionary claims of the petitioner. WPC 34506/05 -:2:- 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. 3. As per Ext.P1 order, the respondents have admitted that the petitioner was eligible for full time benefit from 1.6.1971 as ordered in G.O.Rt.No.56/71/S.Edn., dated 19.5.1971. When the department has admitted her claim, as evidenced in Ext.P1 order, it is further stated that due to oversight she was not given the benefits before her retirement from service on 31.3.88. It is also stated that the Director of Public Instruction has recommended that the service put in by Smt. Stella Sneham from June 1971 may be treated as full time for granting her pensionary benefits including D.C.R.G. The Department or the Government has, though admitted that the petitioner was eligible for full time benefit from 1.6.71, no reason is assigned to deny the service and other monetary benefit till her retirement. Naturally, the petitioner was entitled to get all consequent monetary benefits including the salary. But in Ext.P1 WPC 34506/05 -:3:- order, nothing is mentioned about those aspects, but the only concession granted is that service put in by the petitioner as a Sewing Teacher from June 1971, is treated as full time for the purpose of granting her pensionary benefits including DCRG. This Court cannot tolerate the above arbitrary and illegal approach of the respondents in denying the valuable and legitimate right of the petitioner for the emoluments consequent to the benefit given to the petitioner on the strength of the above government order and also Ext.P1, especially, when the petitioner is in no way responsible for the same and particularly when the respondents admitted their fault. 4. Now, this court cannot ignore the fact that the petitioner had already retired from service during the year 1988 and thereafter 21 years have elapsed. Therefore, it is time for the respondents to correct their mistake by paying the monetary benefit to her in the light of the fact that, as per Ext.P1, the respondents admitted that the petitioner is eligible for full time benefit from 1.6.1971. WPC 34506/05 -:4:- Hence, the monetary benefits for which the petitioner is entitled cannot be denied any further and the payment shall not be prolonged in view of the particular facts and circumstances involved in this case. 5.. In the result this writ petition is allowed directing the respondents to pay the entire monetary benefits due to the petitioner from June 1971 after calculating the same in accordance with the pay applicable to full time Sewing Teacher, and on the basis of the recommendations of the Pay Commissions from time to time, and holding that the petitioner has no option in terms of the report of the Pay Commission and thus after finalising and quantifying the amount, the same shall be given to the petitioner within three months from the date of receipt of a copy of this judgment which will be produced by the petitioner before the Ist respondent. The first respondent is also directed to entrust the above responsibility exclusively with an officer not below the rank of a Deputy Director of Education or an officer equivalent to his rank considering the seriousness WPC 34506/05 -:5:- of the matter. The respondents 1 and 2 are also directed to issue appropriate communications to the 3rd respondent, after fixation of pay, for the purpose of the follow up action in the matter, connected with payment to the petitioner. The writ petition is allowed accordingly. V.K.MOHANAN, JUDGE kvm/- WPC 34506/05 -:6:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..