IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29138 of 2010(N)
1. ANNAMMA V.C., W/O.ANIL VARGHESE,
... Petitioner
Vs
1. STATE OF KERALA RPERESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE CORPORATE MANAGER, CMS SCHOOL,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/10/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 29138 OF 2010 N
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Dated this the 7th day of October, 2010
JUDGMENT
In the manner in which I propose to dispose of the Writ
Petition, it is not necessary to issue notice to the fifth respondent.
Learned Government Pleader takes notice for respondents 1 to 4.
2. It is stated that the petitioner was appointed as Part Time
Menial in a short term vacancy for the period from 8.10.2003 to
2.6.2004 in BI Teachers’ Training Institute, Kottayam, of which, the
fifth respondent is the Corporate Manager. The petitioner was
thereafter promoted and appointed as Full Time Menial in a regular
vacancy on 3.6.2004 in BIG High School, Pallom under the same
management. The promotion of the petitioner as Full Time Menial
was approved by the District Educational Officer. The petitioner was
getting salary and allowances. While so, a permanent vacancy of
Peon occurred in CMS U.P.School, Chelakompu, under the same
management, on account of the promotion of one Betty Joseph as
Attender. In that vacancy, the petitioner was promoted and
appointed as Peon with effect from 6.5.2010. The Assistant
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Educational Officer, as per Ext.P3 order dated 31.7.2010, rejected
the proposal to approve the promotion of the petitioner as Peon on
the ground that CMS U.P.School, Chelakompu is an uneconomic
school and on the basis of G.O.(MS)No.259/06/G.Edn. dated
12.10.2006 (Ext.P4). Aggrieved by Ext.P3 order passed by the
Assistant Educational Officer, the Manager filed Ext.P8 appeal dated
10.8.2010 before the District Educational Officer, Kanjirappally and
the same is pending.
3. The petitioner submitted application to the Assistant
Educational Officer for granting salary of Full Time Menial, pending
consideration of the question of approval of her appointment as
Peon. That application was rejected by the Assistant Educational
Officer as per Ext.P12 order dated 4.8.2010.
4. The contention of the petitioner is that the Government
Order relied on in Ext.P3 is applicable only to teachers and not to
non-teaching staff. Such a contention was raised by the Manager
also in Ext.P8 appeal. Ext.P12 order passed by the Assistant
Educational Officer can be challenged by the petitioner before the
higher authority.
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5. In the facts and circumstances of the case, I do not think it
is proper to decide the questions raised by the petitioner in the Writ
Petition, in view of the pendency of Ext.P8 appeal before the District
Educational Officer and also on the ground that the petitioner has an
adequate effective alternative remedy against Ext.P12.
6. In the facts and circumstances of the case, since the
petitioner is not getting any salary at all now, it is only just and proper
to issue a direction to the District Educational Officer to dispose of
Ext.P8 appeal, as expeditiously as possible and, at any rate, within a
period of one month from the date of receipt of a copy of the
judgment, after affording an opportunity of being heard to the
petitioner as well as the Manager and any other affected party. The
District Educational Officer shall also consider the question, whether
pending disposal of Ext.P8 appeal, salary could be paid to the
petitioner as Full Time Menial, after satisfying that no other person is
drawing salary as Full Time Menial in respect of the post held by the
petitioner and after taking sufficient safeguards. If there is no
impediment in disbursing salary to the petitioner, the District
Educational Officer shall pass appropriate interim orders within a
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period of two weeks. The petitioner shall produce a copy of the Writ
Petition and certified copy of the judgment before the District
Educational Officer. A copy of the judgment shall also be sent by the
petitioner to the fifth respondent by registered post and he shall
produce proof of the same before the District Educational Officer.
(K.T.SANKARAN)
Judge
ahz/