IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 29780 of 2007(T) PETITIONER : C.P.GIRIJA KUMARI, L.G.HINDI(P.T), D.B, U.P.S., CHANGANKARY, THALAVADY. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.THOMAS GEORGE RESPONDENTS : 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD. 4. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 5. THE HEADMASTER, D.B, U.P.S., CHANGANKARY. 6. THE HEADMASTER, D.B. H.S, VAMANAPURAM. ADDL.R7 IMPLEADED: 7. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. ADDL.R7 IS IMPLEADED AS PER ORDER DATED 11.7.2008 IN I.A.NO.8492/2008. R1 & R2 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB R3 & R4 BY SR.GOVERNMENT PLEADER SMT.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF APPOINTMENT ORDER DATED 20.12.1995 TO THE PETITIONER. EXT.P2 COPY OF -DO- DATED 19.6.2000 TO THE PETITIONER. EXT.P3 COPY OF -DO- DATED 12.6.2001 TO THE PETITIONER. EXT.P4 COPY OF -DO- DATED 2.6.2003 TO THE PETITIONER. EXT.P5 COPY OF ORDER DATED 23.7.05 FROM THE FIRST RESPONDENT. EXT.P6 COPY OF JUDGMENT DATED 15.12.06 IN WP(C)NO.26802/06 OF THIS COURT. EXT.P7 COPY OF ORDER DATED 9.10.06 OF THE MANAGER OF TRAVANCORE DEVASWOM BOARD SCHOOL. EXT.P8 COPY OF REPRESENTATION DATED FEBRUARY 2007 FROM THE PETITIONER TO THE DPI, TRIVANDRUM. EXT.P9 COPY OF ORDER DATED 19.10.2007 OF THE GENERAL EDUCATION (E) DEPARTMENT. EXT.P10 COPY OF ORDER DATED 7.3.2008 ISSUED FROM THE SECRETARY OF TRAVANCORE DEVASWOM BOARD SCHOOLS. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 29780 OF 2007 T -------------------------------------------- Dated this the 11th July, 2008 JUDGMENT The petitioner was appointed as Lower Grade Hindi Teacher (P.T.) for various spells and was again appointed as Lower Grade Hindi Teacher (F.T.) for various spells in the Schools run by the Travancore Devaswom Board. The appointment of the petitioner during these spells were approved. The petitioner was appointed as Lower Grade Hindi Teacher (F.T.) from 2.6.2003 onwards and her appointment as Lower Grade Hindi Teacher (F.T.) was approved by the Assistant Educational Officer, as evidenced by Ext.P4 order. 2. While working as Lower Grade Hindi Teacher (F.T.), the petitioner was reverted as per Ext.P5 order dated 23.7.2005 and was posted at D.B.U.P.S, Changankary in the vacancy of one Sumangala Devi.K, Junior Hindi Teacher (P.T.). By the same order, Sumangala Devi was ousted from service for want of vacancies. During this period, one N.Priyakumari was retained in the post of Lower Grade Hindi Teacher. Priyakumari was a retrenched teacher from the post of High School Assistant. The petitioner and Sumangala Devi challenged the posting of Priyakumari overlooking the claim of the petitioner and W.P.(C) NO.29780 OF 2007 :: 2 :: Sumangala Devi. The District Educational Officer rejected the approval of the posting of Priyakumari. The order of the District Educational Officer was confirmed by the Director of Public Instructions. Priyakumari challenged the orders in W.P.(C) No.26802 of 2006. As per Ext.P6 judgment dated 15.12.2006, this Court disposed of W.P.(C) No.26802 of 2006 and directed the Government to take a decision in the Revision Petitions filed by Priyakumari. The Government passed Ext.P9 order dated 19.10.2007, holding that once Priyakumari was retrenched in the post of High School Assistant (Hindi), she was appointed to the post of Language Teacher (Hindi) by reverting the petitioner, Girijakumari and that the action of the Manager is against Rule 51A of Chapter XIVA of the Kerala Education Rules. The contention put forward by Priyakumari was rejected as per Ext.P9 order dated 19.10.2007. On the basis of Ext.P9 order, the Manager regularised the service of the petitioner as per Ext.P10 order dated 7.3.2008. 3. It is stated that the petitioner was not paid her salary from July 2005 onwards. It is stated that salary was denied to her since the Revision filed by Priyakumari (which was subsequently disposed of as per Ext.P9 order) was pending. The petitioner submitted Ext.P8 representation in February 2007, before the Director of Public Instructions complaining of non-payment of salary from July 2005 onwards. It is W.P.(C) NO.29780 OF 2007 :: 3 :: submitted by the learned counsel for the petitioner that in view of Ext.P9 order passed by the Government and consequential order passed by the Manager (Ext.P10), there is no impediment in Ext.P8 representation being considered and the grievance of the petitioner redressed. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instructions, Thiruvananthapuram to dispose of Ext.P8 representation filed by the petitioner after affording an opportunity of being heard to her, the Manager and any other affected party. The Director of Public Instructions shall pass final orders within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the Writ Petition and a copy of I.A.No.8423 of 2008 along with the Exhibits and certified copy of this judgment before the Director of Public Instructions. (K.T.SANKARAN) Judge ahz/