IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 25168 of 2010(U) ---------------------------------------- PETITIONER(S): ------------------------ V.BINU, S/O.K.C.VASUDEVAN PILLAI, VRINDAVANAM, CHIRAKADAVU, THEKKEKAVALA PO., KOTTAYAM (PHYSICAL EDUCATION TEACHER & NCC OFFICER, DEVASWOM BOARD HIGH SCHOOL, KANGAZHA. BY ADVS. SRI.S.SUBHASH CHAND, SRI.NIKLAVU.T. RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA 689 101. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL 695 002. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM 686 691. 5. THE CORPORATE MANAGER/SECRETARY, TRAVANCORE DEVASWOM BOARD SCHOOLS, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM 695 001. 6. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY 686 507. R1 TO R4 & R6 BY GOVERNMENT PLEADER SMT. NISHA BOSE R5 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.25168 OF 2010 ------------------------------ Dated this the 12 th day of November, 2010 JUDGMENT The petitioner is working as Physical Education Teacher & NCC Officer in Devasom Board High School, Kangazha. The school is being managed by respondent No.5, the Corporate Manager. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.1 to 4 and 6 to disburse salary and allowances to the petitioner in the post of Physical Education Teacher from 15.7.2007 onwards alongwith pay fixation benefits, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to pass final orders relating to approval of lien shifting of the petitioner for the period from 24.7.2007 to 20.8.2007 from DBHS Kangazha to DBHS Vamanapuram as per Ext.P1 order so as to enable the petitioner to draw salary and allowances from 15.7.2007 onwards within such time as this Hon'ble Court may deem fit and proper in the interest of justice; W.P.(C).No.25168 OF 2010 2 iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to consider and pass final orders on Ext.P4 representation with notice and opportunity of hearing to the petitioner within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and iv) To mould and grant such other reliefs, as this Hon'ble Court may deem just and proper in the interest of justice, including costs.” 3.On 20 th August, 2010, an interim order was passed in the Writ Petition, which reads as follows: “The petitioner is presently working as Physical Education Teacher in Devaswom Board High School, Kangazha. This Writ Petition has been filed mainly to redress the grievance relating non-disbursement of the salary and allowances. As per Ext.P2, the District Educational Officer, Thiruvalla approved the shifting of lien in respect of the petitioner for the period from 15.7.2007 to 23.7.2007 from Kangaha to Parumala. As per Ext.P3, the District Educational Officer, Kothamangalam has approved the shifting and adjustment of lien of the petitioner for the period from 21.8.2007 to 15.11.2007 from DBHS, Kangazha to DBHS, Thrikkariyoor and from 16.11.2007 to 1.6.2008 from DBHS, Parumala to DBHS, Thrikkariyoor. However, the adjustment of lien for the short period from 24.7.2007 to 20.8.2007 is yet to be approved. According to the petitioner, the said lien adjustment has to be approved by the District W.P.(C).No.25168 OF 2010 3 Educational officer, Attingal. However, the learned Government Pleader, upon instructions, submitted that since the management has got different schools and they have issued orders adjusting lien of the petitioner in schools falling within the jurisdiction of different District Educational Officers, the authority to approve the adjustment of lien is the Director of Public Instruction. In that context, it is further submitted that the Manager has already submitted a proposal before the Director of Public Instruction. Whatever that be, it is a fact that on account of non-approval of the adjustment of the lien from 24.7.2007 to 20.8.2007 the petitioner is not able to draw the salary. The learned counsel appearing for the Manager submitted that the Manager is prepared to given an undertaking to indemnify the loss, if any, caused on account of the approval of adjustment of lien in respect of the petitioner. In the said circumstances, there will be an interim order directing the first respondent to consider the question of approval of adjustment of lien in respect of the aforesaid period i.e. from 15.7.2007 to 1.6.2008. Considering the fact that the petitioner is not getting salary for the past three years, this shall be done within a period of four weeks from today.” 4. It is submitted by the learned Government Pleader that in compliance with the interim order passed by this court, the Director of Public Instruction as well as the District Educational Officer, Attingal passed Annexure A and B orders dated 18.10.2010 and 19.10.2010 respectively. These W.P.(C).No.25168 OF 2010 4 orders are produced as per the memo dated 1 st November, 2010. Annexure-A order passed by the Director of Public Instruction reads as follows: “As per the reference cited (1) the Honourable High Court directed the Director of Public Instruction (1st respondent), Thiruvananthapuram to consider the question of approval of adjustment of lien in respect of Sri.V.Binu for the period from 15.7.2007 to 1.6.2008. The Secretary (Manager), Travancore Devaswom Board in the reference (6) cited has shifted and re-adjusted the lien of Sri.V.Binu for the period from 15.7.2007 to 1.6.2008 in different schools under the Management. The District Educational Officer, Thiruvalla and District Educational Officer, Kothamangalam in the reference cited has already been approved the lien adjustment made by the Manager as furnished below: 1.15/07/2007 to 23/07/2007 D.B.H.S. Kangazha to D.B.H.S., Parumala. 2.21/08/2007 to 15/11/2007 and 16/11/2007 to 01/06/2008 D.B.H.S.Parumala to D.B.H.S. Thrikkariyur. The District Educational Officer, Attingal in the reference (5) cited reported that there is an established vacancy to adjust the lien of Sri.V.Binu for the period from 24.7.2007 to 20.8.2007 of D.B.H.S., Vamanapuram. W.P.(C).No.25168 OF 2010 5 In this circumstances the District Educational Officer, Attingal is directed to approve the lien adjusted by the Corporate Manager in respect of Sri.V.Binu, PET from DBHS., Kangazha to DBHS., Vamanapuram for the period from 24.7.007 to 20.8.2007 against the established vacancy reported. The District Educational Officer, Kanjirappally is directed to take immediate steps for getting pay and allowances to the petitioner for the period from 15.7.2007 to 1.6.2008. The judgment dated 20.8.2010 in WP(C) No.25168/10/U is thus complied.” 5. On the basis of the order dated 18.10.2010 passed by the Director of Public Instruction, the District Educational Officer, Attingal passed Annexure-B order dated 19.10.2010, which reads as follows: “The Manager, Devaswom Board Schools has submitted proposal for adjusting the lien of Sri.V.Binu, P.E.T. at D.B.H.S Vamanapuram from 24.7.2007 to 20.8.2007. The Headmaster, Vamanapuram has reported that there is an established vacancy of PET to adjust the lien of Sri.V.Binu, made by the Manager from 24.7.2007 to 20.8.2007 at D.B.H.S. Vamanapuram and this fact was reported to the Director of Public Instruction,Thiruvananthapuram. Accordingly, the Director of Public Instruction has directed to undersigned to approve the lien W.P.(C).No.25168 OF 2010 6 adjustment of Sri.V.Binu P.E.T. From 24.7.2007 to 28.8.2009 at D.B.H.S.Vamanapuram as per the reference cited, and has directed the District Educational Officer, Kanjirappally to take immediate steps for getting pay and allowances to the petitioner from the above said period. In these circumstances, the action of the Manager, D.B.H.S Schools in having made the lien adjustment in respect of Sri.V.Binu from D.B.H.S. Kangazha to D.B.H.S. Vamanapuram for the period from 24.7.2007 to 20.8.2007 is hereby approved.” 6. In view of Annexure A and B orders, no further direction is required in the Writ Petition. 7. The learned counsel for the petitioner submitted that the District Educational Officer, Attingal could have passed an order like Annexure-B even without a direction from the Director of Public Instruction, and he deliberately delayed the matters. The counsel submitted that only after the interim order was passed by this court, the Director of Public Instruction issued a direction to the District Educational Officer, Attingal and only thereafter, he passed the order W.P.(C).No.25168 OF 2010 7 dated 19.10.2010 approving the lien adjustment for the period from 24.7.2007 to 20.8.2007. The counsel submitted that the inaction on the part of the District Educational Officer, Attingal caused great prejudice to the petitioner and he did not get salary from July, 2007 onwards. These submissions are recorded. I am not rendering any finding on this aspect and the rights of the petitioner in this regard are left open in view of Exts.P2, P3 and Annexures A & B. The petitioner is entitled to the salary from 15.7.2007 onwards. The arrears of salary shall be paid to the petitioner by respondents 2, 3, 4 and 6 within a period of one month from today. K.T.SANKARAN, JUDGE. cms