IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36285 of 2007(T)
1. CHETHANA C.V., AGED 31, D/O.
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DISTRICT EDUCATIONAL OFFICER,
3. ST.AUGUSTINE'S HIGH SCHOOL,
4. HEAD MASTER,
For Petitioner :SRI.A.AHZAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/06/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 36285 OF 2007 T
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Dated this the 16th June, 2008
JUDGMENT
The petitioner was appointed as Lower Grade Hindi Teacher in
St.Augustine’s High School, Murukkumpuzha, as per Ext.P1 order of
appointment dated 8.7.2005. It is stated that the appointment of the
petitioner was approved by the District Educational Officer for the period
from 8.7.2005 to 10.10.2008 or till the vacancy exists which ever is earlier.
It is further stated that the petitioner joined the School on 8.7.2005. She
received salary from 8.7.2005 to March, 2006.
2. It would appear that there was a dispute regarding management
between two persons. Ext.P2 memo dated 30.5.2006 was issued by the
District Educational Officer, Thiruvananthapuram to the Headmaster
stating that the High Court had directed to maintain status quo as on
6.3.2006 in view of the dispute regarding managership. Therefore, the
Headmaster was directed to withhold the payment of salary in respect of
the petitioner until further orders. It is stated that now the management
dispute is over as per the orders passed by the Educational Authorities as
directed in Ext.P4 judgment.
3. The petitioner is not paid salary from March, 2006. She is
W.P.(C) NO.36285 OF 2007
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entitled to get salary for the period she was worked. No counter affidavit
is filed in the case. Entitlement of the petitioner to get salary is not
disputed. There is no order prohibiting payment of salary to the petitioner.
4. The prayer in the Writ Petition is for the issue of a writ of
mandamus directing the respondents to pay the salary to the petitioner for
the period she worked in the third respondent School. I am of the view
that the petitioner is entitled to get the relief prayed for in the Writ Petition.
Accordingly, the Writ Petition is allowed. The Headmaster shall
prepare the salary bill for the salary due to the petitioner and submit
before the District Educational Officer, the second respondent, within a
period of two weeks from the date of receipt of a copy of this judgment.
The District Educational Officer shall counter-sign the bill promptly for the
immediate disbursement of the salary to the petitioner.
(K.T.SANKARAN)
Judge
ahz/