IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10417 of 2009(V) --------------------------------- PETITIONER(S): ------------------------- V.K.CHANDRIKA D/O. KRISHNAN, AGED 53 YEARS, (FORMER CLERK, V.V.S.HIGH SCHOOL, MANNUTHY), RESIDING AT KUNNATH HOUSE, ATTOOR, VADAKKANCHERRY, THRISSUR-680 592. BY ADV. MR.V.A.MUHAMMED MR.T.V.VIJAYARAJAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 5. THE HEADMASTER, V.V.S. HIGH SCHOOL, MANNUTHY, THRISSUR DISTRICT. SR GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.10417 of 2009 ===================== Dated this the 2nd day of April, 2009. JUDGMENT Heard Sri. V.A.Muhammed, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. V.V.S. High School, Mannuthy, a recognised aided school was being managed by the District Educational Officer on account of a management dispute. While the school was under the management of the District Educational Officer, a retirement vacancy of Full-time Menial arose in the school . The District Educational Officer called for the list of candidates from the Employment Exchange. The petitioner's name was also included in the said list. She was selected and appointed as Full- time Menial and that appointment was approved. Later, a vacancy of Peon arose in the school and in that vacancy, the petitioner was appointed. That appointment was also approved. Still later, a vacancy of Clerk arose and against that vacancy, the petitioner was appointed and that appointment was also approved. Thereafter, the management went back to the educational agency. The service of the petitioner was thereupon terminated. The petitioner raised a dispute before the District Educational Officer, who held that termination of the service of the WP(C) 10417/09 -: 2 :- petitioner was bad. The Manager was directed to readmit the petitioner in service. When the direction issued by the District Educational Officer was not complied with, the petitioner moved the Deputy Director of Education who also ordered his reinstatement in service. The Manager thereupon moved the Government. The Government set aside the orders passed by the District Educational Officer and the Deputy Director of Education. The petitioner thereupon filed O.P.No.30612 of 2000 in this Court challenging the Government order. By Ext.P1 judgment delivered on 7.8.2002, a learned Single Judge of this Court allowed the Original Petition and set aside the order passed by the Government. The Manager carried the matter in appeal. The person appointed in the place of the petitioner also filed W.A. No.2276 of 2002 in this Court. By Ext.P3 judgment delivered on 27.7.2007 a Division Bench of this Court allowed the Writ Appeal, aside Ext.P1 judgment and dismissed the O.P. No.30612 of 2000. The service of the petitioner was thereupon terminated. He thereafter filed R.P. No.1089 of 2007 seeking a review of Ext.P3 judgment claiming service benefits for the period during which he had worked on the strength of the orders issued by the District Educational Officer and the Deputy Director of Education directing the Manager to reinstate him in service. By order passed on 30.11.2007, the Review Petition was dismissed without prejudice to the right of the petitioner to move the Government in that regard. 3. The petitioner thereafter submitted Ext.P4 representation dated WP(C) 10417/09 -: 3 :- 5.2.2008 requesting that she may be given service benefits during the period from 29.6.1992 till the date on which her service stood terminated by reason of Ext.P3 judgment. In this Writ Petition, the petitioner seeks a direction to the Government to consider the request made in Ext.P4 and take a decision thereon within a time limit to be fixed by this Court. The question whether the petitioner has been paid salary and allowance and other service benefits during the period when she was in service is essentially a matter for the Government to decide. The petitioner's entitlement for such benefits is also a matter which the Government has to decide at least in the first instance. The learned Government Pleader appearing for the respondents submits that the original of Ext.P4 has been received by the Secretary to Government, General Education Department. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider the request made by the petitioner in Ext.P4 and pass orders thereon after notice to and affording the petitioner, the fifth respondent and the present Manager of V.V.S. High School, Mannuthy a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment. P.N.Ravindran, Judge. ess