IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 3842 of 2008(G) -------------------------------------- PETITIONER: ------------------ ANIE.N.JOHN, H.S.A (PHYSICAL SCIENCE) ST.JOSEPH HIGH SCHOOL, PIRAVOM, ERNAKULAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 5. THE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF MUVATTUPUZHA, PIRAVOM 686 664. BY GOVERNMENT PLEADER SMT. T.B. REMANY R1 TO 4 BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) FOR R5 SRI.TONY GEORGE KANNANTHANAM FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 3842 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE ORDER DATED 9.8.2007 OF THE JOINT DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 2.1.2008 OF THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL ------------------------------------- DOCUMENT TAKEN ON RECORD VIDE JUDGMENT - THE ORDER DATED 2.2.2998 PASSED BY THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.3842 of 2008 G -------------------------------------- Dated this the 4th day of June, 2008. J U D G M E N T The petitioner who was working as HSA (Physical Science) at St.John's High School, Elanad was transferred to St.Joseph's High School, Piravom with effect from 5.6.2006 by the Corporate Manager. The transfer was not approved since there was a ban on creating additional posts, as per G.O.(P) No.317/2005/GE dated 17.8.2005. The revision filed by the Manager before the Director of Public Instruction was rejected as per Ext.P1 order dated 9.8.2007. The Manager took up the matter before the Government. As per Ext.P2 order dated 2.1.2008 the Government directed the District Educational Officer to approve the transfer appointment of the petitioner from 5.6.2006 in the St.Joseph's High School, Piravom. The District Educational Officer was also directed to take steps to deploy the junior most HSA(Physical Science) on protection if she is eligible for protection. 2. The reliefs prayed for in the Writ Petition are the following:- “(a) issue a writ of mandamus or other appropriate writ, order or direction directing the third respondent to forthwith 2 approve the transfer of the petitioner as HSA (Physical Science) to St.Joseph High School, Piravom with effect from 5.6.2006 and disburse her salary including arrears of salary. (b) declare that the petitioner is entitled to have her transfer as HSA (Physical Science) to St.Joseph High School, Piravom approved with effect from 5.6.2006. (c) issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to implement Ext.P2 order and forthwith approve the transfer of the petitioner as HSA (Physical Science) to St.Joseph High School, Piravom and disburse her salary including arrears of salary. (d) issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice.” 3. The grievance of the petitioner at the time of filing of the Writ Petition was that Ext.P2 order was not being implemented by the District Educational Officer. It is submitted by the learned Government Pleader that the 3 District Educational Officer, Muvattupuzha has passed an order dated 2.2.2008, a copy of which was produced. The order dated 2.2.2008 is taken on record. The said order reads as follows:- “The Manager, Corporate Management of Schools Diocese of Muvattupuzha transferred Smt. Annie N John, HSA (PS) from St.John's High School Elanadu to St.Joseph's HS Piravom with effect from 05.06.2006 an additional post of HSA(PS) anticipated for 2006-07. The transfer has not been approved since ban on creating additional post as per GO (P) No.317/05/GE. Dated 17.08.2005. The appeal of the Manager was rejected by the Director of Public Instruction, Thiruvananthapuram as per order No.D.Dis 35202/02/RA(2)/DPI dated 09.08.2007. The Manager filed appeal to the Government and the Government as per the letter Ist cited above directed to approve the appointment and to take steps to deploy the junior most HSA (PS) if she is eligible for protection. The Manager as per the memo dated 22.1.2008 with held the salary of the junior most HSA (PS) in the school. Hence the transfer of Smt.Annie N John HSA (PS) to St.Joseph's HS Piravom with effect from 05.06.2006 is approved and sanction is also accorded to 4 draw and disburse salary to Smt.Annie N.John HSA (PS) from January 2008 onwards. Arrear salary from 05.06.2006 to 31.12.2007 will be paid when the Manager adjust the lien of the teacher for the above period.” Now what remains is payment of salary to the petitioner. For that purpose the Manager has to implement order dated 2.2.2008 passed by the District Educational Officer, Muvattupuzha. The Manager shall do the needful within a period of one month. The petitioner shall be paid the salary without delay and at any rate within a period of two months. The Writ Petition is disposed of. K.T. SANKARAN, JUDGE. The following sentences “For that purpose the Manager has to implement order dated 2.2.2008 passed by the District Educational Officer, Muvattupuzha. The Manager shall do the needful within a period of one month. 5 occurring in the last paragraph of the judgment dated 04/06/2008 in WP (C) 3842/2008 are deleted as per order dated 12/02/2009 in R.P.738/2008. Sd/- Registrar (Judicial) cks