IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 31404 of 2007(L) -------------------------- PETITIONER(S): --------------- P.RAJAN, HIGH SCHOOL ASSISTANT (URDU) (PROTECTED), WAITING FOR JOINING DUTY IN V.V.S.H.S., MANNUTHY, "USHUS" (PUTHIYEDATH), NEAR G.L.P.S. ADAT, ADAT P.O., PURANATTUKARA, THRISSUR DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.JOVY GEORGE VARGHESE RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR (EDUCATION), THRISSUR. 2. DISTRICT EDUCATIONAL OFFICER, THRISSUR. 3. DISTRICT PROJECT OFFICER, SARVA SHIKSHA ABHIYAN (SSA), THRISSUR, PIN-680 020. 4. MANAGER, V.V.S. HIGH SCHOOL, MANNUTHY, THRISSUR DISTRICT. 5. HEADMISTRESS, V.V.S. HIGH SCHOOL, MANNUTHY, THRISSUR DISTRICT. GOVT. PLEADER SHRI.ANTONY MUKKATH ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R4-5 SRI.A.R.DILEEP FOR R4-5 SMT.KAVITHA GANGADHARAN FOR R4-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 31404/2007 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.28.5.07. P2. COPY OF THE JOINING REPORT DTD.1.6.07. P3. COPY OF THE ORDER DTD.22.6.07 OF DDE. P4. COPY OF THE LETTER DTD.7.8.07. P5. COPY OF THE LETTER DTD.9.8.07 P6. COPY OF THE LETTER DTD.12.9.07. P7. COPY OF THE PETITION DTD.15.9.07. P8. COPY OF THE PETITION DTD.18.9.07 TO R2. P9. COPY OF THE REQUEST DTD.9.10.07. P10. COPY OF THE PETITION DTD.9.10.07. P11. COPY OF THE REQUEST DTD.11.10.07 TO THE DIST. PROJECT OFFICER, SSA. P12. COPY OF THE LETTER DTD.7.12.07. P13. COPY OF THE REPLY DTD.29.12.07. P14. COPY OF THE LETTER DTD.9.1.2008. P15. COPY OF THE PETITION DTD.9.1.2008. RESPONDENT(S)' EXHIBITS: R4A. COPY OF THE ORDER OF THE MANAGER. B. COPY OF THE PETITION BY THE MANAGER TO R1. C. COPY OF THE STAFF FIXATION ORDER FOR 2007-08. D. COPY OF THE ORDER RECEIVED BY R5. R5A. COPY OF THE JOINING REPORT DTD.3.12.07. B. COPY OF THE DIRECTION BY R2. C. COPY OF THE COMMUNICATION DTD.1.2.08 BY R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 31404 of 2007 ================== Dated this the 8th day of June, 2011 J U D G M E N T While working as a protected High School Assistant (Urdu), the petitioner was posted, on working arrangement, to Sarva Shiksha Abhiyan, (SSA) on 6.5.2003. By Ext.P1 order dated 28.5.2007, the petitioner was relieved from the SSA with a direction to report before the Deputy Director of Education (DDE), Thrissur, for appropriate orders regarding posting. The petitioner reported before the DDE on 1.6.2007, as is evident from Ext.P2. Thereafter, the petitioner received Ext.P3 order dated 22.6.2007 on 3.8.2007 through the headmistress of the petitioner's parent school directing that the petitioner is being allowed to be retained in his parent school with effect from 28.5.2007. When the petitioner approached the headmistress of his parent school for joining duty, the headmistress did not allow the petitioner to join duty because of the word, “temporary” used in Ext.P3 order stating that the petitioner should get clarification from the DDE in respect thereof. Thereupon, the petitioner told the headmistress that insofar as the DDE has directed the petitioner to join duty in the school with effect from 28.5.2007, if any clarification is required, it is the headmistress who has to get it from the DDE. Still, the petitioner was not allowed to join duty. It is under the above circumstances, the w.p.c.31404/07 2 petitioner has filed this writ petition seeking the following reliefs; “i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to ensure that the petitioner is allowed to join duty in the parent school and retained there with continuity of service within a time limit to be fixed by this Hon'ble Court. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take effective and expeditious action to ensure that the Manager and Headmistress of the parent school of the petitioner admit him to duty with effect from 28.5.2007 and retain him in the parent school with all consequential service benefits within a time limit to be fixed by this Hon'ble Court. iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to dispose of Exts.P5 and P7, the 2nd respondent to dispose of Ext.P8, the 4th respondent to dispose of Ext.P10, the 5th respondent to dispose of Ext.P9 and the 3rd respondent to dispose of Ext.P11 within a time limit to be fixed by this Hon'ble Court.” 2. Now the learned counsel for the petitioner submits that during the pendency of the writ petition, the petitioner was admitted to duty on 3.12.2007 pursuant to an interim order passed by this Court on 1.12.2007, which reads thus: “The learned counsel for the 4th respondent undertakes to allow the petitioner to join duty immediately in his school. The other questions relating to how the petitioner's period of service from 01.6.2007 till the date of joining duty has to be regularised, would be considered later. Post on 5.12.2007.” 3. Now the only question that remains to be considered is whether the petitioner is entitled to salary for the period from July 2007 onwards till 2.12.2007, insofar as the petitioner submits that the petitioner has already been paid salary up to June, 2007. The contention of the petitioner is that the petitioner has all along been w.p.c.31404/07 3 ready to join duty. The petitioner reported before the appropriate authority immediately on receipt of Ext.P3 on 3.8.2007. The petitioner was to be allowed to join duty in the parent school with effect from 28.5.2007. Therefore, insofar as there is no fault on the part of the petitioner in the matter of joining duty, the petitioner is entitled to salary and consequential service benefits for the whole period without any break. 4. In the counter affidavit filed by the 1st respondent it is stated that Ext.P3 order was delivered to the 2nd respondent as also to the petitioner through the 2nd respondent on 13.7.2007. But the learned counsel for the petitioner points out that the 2nd respondent has, by Ext.P6, informed the petitioner that the 2nd respondent has not received any communication regarding sending back of the petitioner to the parent school. The learned counsel for respondent 4 and 5 submits that respondents 4 and 5 are not in any way responsible for the delay in the matter of allowing the petitioner to join duty. 5. I have considered the rival contention in detail. 6. From the pleadings and documents I am satisfied that the petitioner is not in any way guilty of not doing what he ought to have done after he was relieved from the SSA since he promptly reported before the DDE and the Headmistress as soon as he received the order from the DDE on 3.8.2007 through the headmistress. But the w.p.c.31404/07 4 petitioner was not allowed to join duty. I am of opinion that in view of Ext.P3 nothing prevented the Headmistress from allowing the petitioner to join duty and seeking clarification, if any, required thereafter. It is significant to note that the Headmistress allowed the petitioner to join duty only as per the interim order of this Court. In the above circumstances, I am satisfied that the petitioner is entitled to the salary for the entire period. If the salary for any period has not been paid after 28.5.2007, the 2nd respondent shall see that arrears of salary are paid to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The 5th respondent shall submit bills for the salary for the said period within two weeks from the date of receipt of a copy of this judgment. It is declared that the period from 28.5.2007 till he joined duty on 3.12.2007 shall also be treated as uninterrupted service for all service benefits. Needless to say, the petitioner's pay and service shall be regularised accordingly as expeditiously as possible, within two months from the date of receipt of a certified copy of this judgment, as if the petitioner was on duty through out without any break. It would be open to the Government to take appropriate steps to recover the entire salary paid to the petitioner for any period the petitioner has not worked from any of the respondents, if the Government is of opinion that it is because of any fault of any of them w.p.c.31404/07 5 that the petitioner could not join duty at the appropriate time, but of course after putting them on notice and hearing them. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge