IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34659 of 2008(A)
1. SAFFIYA T, FULL TIME ARABIC TEACHER,
... Petitioner
Vs
1. SECRETARY TO GOVERNMENT,
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTIONS,
3. ASSISTANT EDUCATIONAL OFFICER,
4. MANAGER, ST. PETERS'S U.P. SCHOOL,
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :DR.ABRAHAM P.MEACHINKARA
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/02/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.34659 of 2008-A
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Dated this the 26th February, 2009.
J U D G M E N T
Heard Sri.A.Rajasimhan, the learned counsel appearing for the
petitioner, Sri.T.T.Muhamood, the learned Government Pleader
appearing for the official respondents and Dr.Abraham
P.Meachinkara, the learned counsel appearing for the fourth
respondent.
2. The petitioner is a Full time Arabic Teacher. She was
formerly working in St.Peter’s U.P.School, Chalil in Kannur District.
She entered service on 8.6.1977. During the academic year 2005-
06, as a result of fall in student strength, she became a surplus
teacher in St.Peter’s U.P.School, Chalil. According to the petitioner
as she had more than 23 years of service, she was entitled to be
retained in the parent school itself in terms of Exhibit P1
Government order dated 14.6.2003. However the Educational
Officers took the stand that the petitioner cannot continue in
St.Peter’s UP School, Chalil. Her salary for the period from July 2005
onwards was therefore not disbursed.
W.P(C) No.34659 of 2008-A 2
3. Aggrieved by the non-payment of salary, the petitioner
filed W.P(C)No.24387 of 2005 in this Court. By Exhibit P3 judgment
delivered on 30.9.2005 this Court disposed of the writ petition with
a direction to the petitioner to file a representation before the State
Government. The State Government was directed to take a final
decision in the matter. This Court also directed that till the State
Government takes a final decision in the matter, the writ petitioner
will be retained in the parent school (St.Peter’s UP School, Chalil)
and salary due to her from July 2005 onwards paid subject to the
decision on her representation.
4. Pursuant to the directions issued by this Court in Ext.P3
judgment, the Government heard the petitioner and the Manager
and passed Exhibit P4 order dated 28.3.2006 rejecting her request
to be retained in St.Peter’s UP School, Chalil. The Government
directed the educational agency to accommodate her in any other
school under their management by retrenching the junior most
Arabic Teacher. Aggrieved by Exhibit P4, the petitioner filed W.P(C)
No.11136 of 2006 in this Court. By Exhibit P5 judgment delivered
on 8.6.2007 this Court quashed Exhibit P4 and directed the
Government to reconsider the matter. It was also ordered that till a
W.P(C) No.34659 of 2008-A 3
fresh decision is taken in the matter, the petitioner shall continue in
St.Peter’s UP School, Chalil.
5. As directed by this Court in Exhibit P5 judgment, the
Government reconsidered the matter. The petitioner was heard by
Sri.S.Mohan, Under Secretary to Government, General Education
Department at the hearing held on 4.10.2007. Exhibit P8 hearing
note discloses that the said officer took the view that the petitioner
is entitled to get the benefit of Exhibit P1. However by Exhibit P7
order passed on 29.10.2008, one year after the hearing was held,
another officer rejected the petitioner’s claim and directed the
educational officers to take urgent steps to deploy the petitioner
after retrenching the junior most Arabic teacher under the
cooperate educational agency. This writ petition was thereupon
filed on 24.11.2008 seeking the following reliefs:
order”1. direction, quashing Exhibit P7 order (G.O.(Rt)
Issue a writ of certiorari, or any other writ,
or
No.4780/2008/G.Edn.
29.10.2008) as it is illegal,dated, Thiruvananthapuram,
arbitrary and unreasonable.
2. Declare that petitioner is entitled to be
retained in the same school.”
6. The Assistant Educational Officer, Thalassery South had
in the meanwhile issued Ext.P10 order dated 12.11.2008 directing
W.P(C) No.34659 of 2008-A 4
the Manager to transfer the petitioner with retrospective effect from
15.7.2005 to another school in Kasaragod District under his
management. The Manager thereupon issued Ext.P9 order dated
2.12.2008 transferring the petitioner to St.Antony’s UP School,
Thayyil in the vacancy of Smt.Sheema Sucy William V, who had left
the school on being appointed in Government service. The
petitioner accepted Ext.P9 and jointed duty in St.Antony’s UP School,
Thayyil on 2.12.2008 itself.
7. When the writ petition came up for hearing today, the
learned counsel appearing for the petitioner submitted that the
petitioner accepts the transfer under Ext.P9 and that her only claim
now is regarding payment of salary from October 2008 onwards,
which has not been paid to her in view of the direction issued in
Exhibit P7. The learned counsel for the petitioner also submitted
that the petitioner’s service till 2.12.2008 in St.Peter’s UP School,
Chalil may be regularised. The learned Government Pleader
appearing for the official respondents contended relying on Rules
18 and 19 of Chapter XIV A of the KER that salary can be disbursed
to the petitioner only after she produces the last pay certificate and
that salary upto 2.12.2008 can be drawn only through the
W.P(C) No.34659 of 2008-A 5
Headmaster of St.Peter’s UP School, Chalil.
8. I have considered the submissions made at the Bar by
the learned counsel appearing on either side. Since the petitioner
has now accepted Ext.P7 Government order and Ext.P9 order issued
by the Manager in implementation of Ext.P7, I am of the opinion
that the issue can be resolved by regularising the service of the
petitioner till 2.12.2008 in St.Peter’s UP School, Chalil and thereafter
in the school to which he was transferred as per Ext.P9. I
accordingly direct the Headmaster of St.Peter’s UP School, Chalil to
draw and disburse the arrears of salary due to the petitioner from
October 2008 till 2.12.2008 and also to issue the last pay
certificate. This shall be done within one month from the date on
which the petitioner produces a certified copy of the judgment.
The Assistant Educational Officer concerned shall within two weeks
from the date of receipt of the arrear bill take steps to disburse the
arrears of salary to the petitioner for the said period. The Assistant
Educational Officer concerned shall thereafter approve the
petitioner’s transfer to St.Antony’s UP School, Thayyil and shall also
take steps to disburse to the petitioner, arrears of salary and
allowances from 2.12.2008 onwards. Necessary orders in that
W.P(C) No.34659 of 2008-A 6
regard shall be issued and salary and allowances disbursed,
expeditiously and in any event within three months from the date of
receipt of a certified copy of this judgment.
The writ petition is disposed of as above. No costs.
P.N.RAVINDRAN
JUDGE
ab