IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 11592 of 2005(E) ------------------------------------ PETITIONER(S): ------------------------ S.S. RAMANANDAN, S/O. SIVAN CHETTIYAR, AGED 33 YEARS, REMA NILAYAM, PUTHALATHUPARAMBU HOUSE, KARAKKADU, KAVALAPPARA P.O., SHORNOOR (VIA) PIN-679 523 WORKING AS HIGH SCHOOL ASSISTANT (MALAYALAM) T.R.K. HIGH SCHOOL, VANIYAMKULAM P.O., OTTAPALAM, PALAKKAD DISTRICT. BY ADV. MR.SHAJI JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIOAL OFFICER, OTTAPPALAM. R1 BY GOVERNMENT PLEADER MR.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11592/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DTD. 24.10.2001 APPROVED BY THE D.E.O., OTTAPPALAM. P2:- COPY OF THE APPOINTMENT ORDER DTD. 21.12.01 APPROVED BY THE D.E.O. OTTAPPALAM. P3:- COPY OF THE APPOINTMENT ORDER DTD. 5.6.02 APPROVED BY THE D.E.O. OTTAPPALAM. P4;- COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.169/04/G.EDN. THIRUVANANNTHAPURAM DTD. 15.6.04. P5:- COPY OF THE PARTICULARS OF THE BANK PASSBOOK IN RESPECT OF THE LOAN AMOUNT AVAILED BY THE PETITIONER. P6:- COPIES OF THE RECEIPTS FOR THE GOLD LOAN ISSUED FROM THE OTTAPPALAM CO-OPERATIVE URBAN BANK LTD. NO.F 1647. P7:- COPY OF THE NOTICE DTD. 7.7.06 ISSUED FROM THE VANIYAMKULAM SERVICE CO- OPERATIVE BANK LT. NO.P. 577. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11592 OF 2005 --------------------------------------- Dated this the 4th day of December, 2009. J U D G M E N T The petitioner herein is working as High School Assistant (Malayalam) in the T.R.K. High School, Vaniyamkulam. The main prayer in the writ petition is to quash Exhibit P4, specifically clause 5(1) therein, to the extent of the direction to credit the salary of the teachers like the petitioner to the PF Accounts. Going by paragraph 5 of Exhibit P4, there is a stipulation to credit the salary upto 31.12.2003 to the PF Accounts and to pay salary from 01.01.2004 in cash. 2. The 1st respondent has filed a counter affidavit justifying the same. It is evident from the counter affidavit that the period of appointment of the petitioner with effect from 05.11.2001 to 20.12.2001 was in a leave vacancy and the salary for the period was paid without adjusting to P.F. He was eligible for salary arrears only with effect from January 2004 as his appointment in regular vacancy is after 29.10.2001. It is also averred in W.P.(C) No.11592/2005 2 paragraph 5 that the salary arrears from 21.12.2001 to 31.03.2002 and from 05.06.2002 to 31.12.2003 will be adjusted in the P.F Account as and when the Kerala Aided School Employees Provident Fund Account No. is allotted to him. The details of the amount of salary paid to him in cash have been shown in paragraph 3 of the counter affidavit. In the light of the above, I do not find any infirmity in Exhibit P4 and hence the writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp