IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 7718 of 1999(R)
1. P.A.PONNAMMA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.C.SASIDHARAN
For Respondent :SRI.M.V.BOSE
The Hon'ble MR. Justice A.K.BASHEER
Dated :17/08/2007
O R D E R
A.K. BASHEER, J.
--------------------------
O.P. NO. 7718 OF 1999
&
Cont. Case (C) No.585 OF 2007
---------------------
Dated this the 17th day of August, 2007
J U D G M E N T
Petitioner was admittedly appointed as Junior (Hindi) Teacher
in an aided upper primary school run by Konnathady Grama
Panchayat after a due process of selection. It is on record that she
was selected from among the list of candidates obtained from the
Employment Exchange at Kattappana. It is also not in dispute that
petitioner has been working in the school ever since her date of
appointment viz., September 14, 1998. It is also beyond controversy
that continuance of the petitioner in service is by virtue of an interim
order dated March 30, 1999 issued by this court in C.M.P. No.
12918/99 in this original petition.
2. Learned counsel for the petitioner fairly concedes that in
view of the decision rendered by a Full Bench of this Court, which
was later affirmed by their Lordships of the Supreme Court, petitioner
might not be eligible to get the benefit of Rule 51 A to continue in
OP NO.7718/99 & Cont. case No.585/07 Page numbers
service. But still the fact remains that she has been continuing in
service for the last more than 8 years by virtue of the interim order
issued by this Court. He further submits that the remedy now
available to the petitioner may be only to approach the Government
under Rule 3 Chapter I, KER, which she proposes to do so. The
limited prayer is to allow the petitioner to continue in service till a final
decision is taken by the Government, on such a motion to be made
by her. The other prayer is to issue a direction to the Government to
release the entire arrears of salary and allowances payable to the
petitioner for the period she has worked in terms of the interim order
dated September 10,1999 in C.M.P. No. 36590/99.
3. Learned Govt. Pleader submits that the direction contained
in the above order will be complied with and the arrears payable to
the petitioner will be disbursed to her expeditiously.
In the above facts and circumstances, the original petition is
disposed of with a direction to respondent No.1 to consider and pass
orders on the petition that may be filed by the petitioner under Rule 3
of Chapter I KER, within three months from the date of receipt
thereof. Petitioner shall submit the representation/petition within four
weeks from today failing which the same shall not be entertained.
OP NO.7718/99 & Cont. case No.585/07 Page numbers
Respondent No.1 shall ensure that petitioner is afforded sufficient
opportunity to be heard before any decision is taken in the matter.
Petitioner shall be entitled to continue in service till a decision is
taken on the petition as directed above.
Respondent No.1 shall disburse the entire arrears of salary
and allowances to the petitioner for the period she has worked in the
school in terms of the interim order in C.M.P. No. 36590/99, as
expeditiously as possible, at any rate, within three months from the
date of receipt of a copy of this judgment.
The original petition is disposed of in the above terms.
Nothing survives in Cont. Case in view of the disposal of the
Original Petition. Therefore it is also closed.
A.K. BASHEER, JUDGE
vps
OP NO.7718/99 & Cont. case No.585/07 Page numbers
A.K. BASHEER, JUDGE
OP NO.20954/00
JUDGMENT
1ST MARCH, 2007