IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 19455 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ R.PANCY NIRMALA FORMERLY HSA (MATHS) PANCHAYATH SCHOOL VANDIPERIYAR,MADATHILVILA HOUSE, MANCHUMALA TEA FACTORY, VANDIPERIYAR P.O. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 3. THE DISTRICT EDUCATIONAL OFFICER KATTAPPANA. 4. THE MANAGER, PANCHAYATH HIGH SCHOOL VANDIPERIYAR, IDUKKI DISTRICT. 5. THE HEADMASTER, VANDIPERIYAR PANCHAYAT HIGH SCHOOL IDUKKI DISTRICT R1 TO R3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19455/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF APPOINTMENT, DATED 29/10/1999. P2 COPY OF THE INTERIM ORDER, DATED 02/06/2000. P3 COPY OF THE ORDER DATED 15/03/2001, PASSED BY THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI. P4 COPY OF THE ORDER, DATED 02/01/2002, ISSUED BY THE PANCHAYAT. P5 COPY OF THE ORDER DATED 03/08/2004, IN CRL.APPEAL NO.6753/2003. P6 COPY OF THE G.O.(MS)NO.225/09/EDN DATED 21/11/2009 ALONG WITH THE RELEVANT PORTION OF THE LIST CONTAINING THE NAME OF K.MURUKESAN. P7 COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 02/06/2010. P8 COPY OF THE JUDGEMENT DATED 07/04/2008 IN WP(C)NO.19790 OF 2003. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19455/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of November, 2011 J U D G M E N T The petitioner seeks for a direction for payment of salary for the period from 01/04/2001 to 02/06/2003. The petitioner was appointed in the Panchayat High School, Vandiperiyar as High School Assistant (Maths) after due process of selection. The appointment was in a retirement vacancy, initially, from 04/11/1999 to 31/03/2000 and Ext.P1 is the copy of the appointment order wherein the petitioner is serial No.3. Seeking for continuance in service, the petitioner and some other similarly placed teachers approached this Court by filing O.P.No.8828/2000 and as per Ext.P2 interim order, this Court directed consideration of their claim. The petitioner is the fifth petitioner therein. It is averred that the third respondent appointed the petitioner from 05/06/2000 till the existence of the vacancy. It is pointed out that as per order No.B4/3223/01/K.Dis, dated 24/05/2001, the appointment of the petitioner herein was approved by the second W.P.(C). No.19455/2010 -:2:- respondent with effect from 05/06/2000 to 30/03/2001 and the petitioner was paid salary accordingly. With regard to the claim of persons like the petitioner under Rule 51-A of Chapter XIV A Kerala Education Rules, there were various litigations before this Court and the Apex Court. Finally, the Apex Court held that the teachers appointed in terms of the Government Order dated 06/10/1995 are not entitled for the benefit under Rule 51A of Chapter XIV A K.E.R. But, while disposing of the Special Leave Petition as per Ext.P5, with regard to the claim for salary, it was ordered thus in the last paragraph:- “Regarding the payment of salary to the teachers who have worked either on account of any interim orders passed or otherwise, pending determination of the question by this Court, we have no doubt that for the period they have worked, due salary will be paid to them.” W.P.(C). No.19455/2010 -:3:- The petitioner thus claims the salary for the said period as already noticed, since she was working against a sanctioned post. 2. The second respondent has filed a counter affidavit. 3. The petitioner is also relying upon Ext.P8 Judgment of this Court in W.P.(C).No.19790/2003 wherein, another teacher of the same school, namely, one Shri A.N.Sabu, had sought for a similar benefit which was granted by this Court. This Court held that the petitioner therein is entitled to salary for the period from 01/04/2001 to 04/06/2003. 4. The learned counsel for the petitioner therefore, points out that as the petitioner was also similarly working in the school, in the light of Ext.P8 Judgment as well as the Judgment of the Apex Court in Ext.P5, the respondents may be directed to disburse the salary. 5. The learned Government Pleader points out that the petitioner was paid salary upto 30/03/2001. It is averred in para.7 of the counter affidavit that she had W.P.(C). No.19455/2010 -:4:- rejoined duty only on 01/08/2001 and resigned on 02/06/2003. 6. The petitioner has filed a reply affidavit disputing the correctness of the said averment. It is pointed out that the petitioner is entitled for salary from 01/04/2001. 7. There cannot be any dispute that in the light of Ext.P5 order passed by the Apex Court and the Judgment of this Court in Ext.P8, the petitioner is entitled for payment of salary. Therefore, similar treatment will have to be meted out to the petitioner also. 8. With regard to the period from 01/04/2001 to 31/07/2001, the petitioner will submit records to prove that she had worked for the said period. For the period from 01/08/2001 to 02/06/2003, there will be a direction to the first and third respondent to see that the salary due to the petitioner for the above period is drawn and disbursed within a period of two months from the date of receipt of a copy of this Judgment. If the petitioner satisfies that she had worked for the W.P.(C). No.19455/2010 -:5:- period from 01/04/2001 to 31/07/2001, salary for the said period will also be disbursed. The writ petition is allowed as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms