IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 31701 of 2009(G) ----------------------------------- - PETITIONER(S): ------------------------ T.L.REKHA, W/O. JOSHKUMAR, AGED 31 YEARS, JUNIOR SANSKRIT TEACHER (PART-TIME), U.P.SCHOOL, THANIKUDAM, THRISSUR-680 028. BY ADV. SRI.K.E.HAMZA SRI.V.K.GOPALAKRISHNAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST. 3. THE MANAGER, U.P.SCHOOL, THANIKUDAM, THRISSUR-680 028. R1 & R2 BY GOVT. PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31701/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.36130/2008 DT.6.4.2009. P2:- COPY OF THE ORDER OF APPOINTMENT ALONG WITH APPROVAL THEREOF DTD. 6.6.08/30.5.09. P3: COPY OF THE NOTICE NO.B-1982/2009 OF THE ASSISTANT EDUCATIONAL OFFICER DTD. 19.8.2009. P4:- COPY OF THE ORDER NO.B-3569/2009 OF THE ASSISTANT EDUCATIONAL OFFICER DT. 24.2.2010. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31701 of 2009-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of June, 2010. Judgment The appointment of the petitioner as Junior Sanskrit (Part-time) U.P.School Teacher was approved by the Assistant Educational Officer from 6.6.2008, following judgment in WP(C). 2563/2009. That judgment is subject matter of a Special Leave Petition before the Apex Court. Pending consideration of that SLP, going by Ext.P4, the Hon'ble Supreme Court has issued an interim direction. Pursuant to that, the Government issued directions to the Assistant Educational Officer in terms of which, the AEO has issued Ext.P4 produced along with I.A.7324/2010. The petitioner has no case that Ext.P4 is not issued in terms of the interim order of the Apex Court. In terms thereof, petitioner's appointment from 6.6.2008 to 31.3.20009 which is only less than one year is WPC31701/09 -: 2 :- treated as daily rated. Resultantly, she would not be eligible for vacation salary for April 2009 and May 2009. Thereafter, from 1.6.2009 onwards she is to be treated as Junior Sanskrit (Part-time) teacher in the scale of Part-time Sanskrit teacher. Therefore, the situation now obtained is in terms of the directions of the Apex Court, in the interim order. Obviously, the petitioner will be eligible for all benefits of the interim order subject of course to the final decision of the matter pending before the Apex Court. Under such circumstances, all that is required at this point of time is to direct that the petitioner will continue to be governed by the directions of the Supreme Court and will enjoy the benefits of such directions and decisions and that any orders that the respondents may issue in the time being shall not, in any manner, contradict the directions of the Apex Court. This is notwithstanding the fact that the petitioner would be eligible to enjoy the fruit of the litigation pending before the WPC31701/09 -: 3 :- Supreme Court, if ultimately she succeeds. This writ petition is so ordered directing that the orders impugned, including Ext.P4 produced along with I.A.7324/2010, will stand regulated by what is aforesaid and without prejudice to contentions in the matter pending before the Apex Court. It is further ordered that there shall be no recovery from the petitioner, however that the official respondents will be entitled to adjust the overdrawals against future payables. However, it shall be ensured that no such deduction in a month shall exceed one third of the total emoluments due for a month. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1406