IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8828 of 2009(W) ------------------------- PETITIONER(S): --------------- LIZY C.GEORGE,W/O.MATHEW K.VARGHESE, AGED 47 YEARS,LOWER PRIMARY SCHOOL ASSISTANT (PROTECTED),ST.ANNE'S CONVENT L.P.SCHOOL, KOPLIPADAM,P.O.PADY,(VIA) VELLIKULANGARA, THRISSUR-680 699. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE,THRISSUR DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, CHALAKKUDY,THRISSUR DISTRICT. BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8828 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2009. JUDGMENT The petitioner was appointed as U.P.S.A. in the P.A.U.P. School, Chemboothara on 30.7.1984. It is an aided school. The student strength in the school got depleted and it has lost recognition already on 15.7.2007. In the initial list of teachers who were deployed, her name was not included. The petitioner was thereafter sent to St. Anne's Convent L.P. School, Koplipadam, wherein she is now working since 16.5.2008. She is claiming salary for the period from 1.6.2007 to 15.5.2008 as well as increment and Onam advance for the period besides D.A. arrears. 2. Claiming arrears of salary and other benefits, the petitioner has filed Ext.P6 representation before the first respondent. The petitioner contends that there is no justification for denying the salary which was due, merely because the student strength got depleted and the school was closed . The delay in ordering deployment shall not be a ground to deny the salary. 3. Since the representation, Ext.P6 is pending before the Government, there will be a direction to the first respondent to consider and pass orders on Ext.P6 in accordance with law, after hearing the petitioner wpc 8828/2009 2 and the departmental authorities concerned, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/