High Court of KeralaWP(C)/5971/2015disposed of

Biju Zacharias v. Regional Deputy Director

2015-06-09Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).NO. 5971 OF 2015 (V) --------------------------- PETITIONER(S)/PETITIONERS:-:

-----------------------------

1. BIJU ZACHARIAS, HIGHER SECONDARY SCHOOL TEACHER PMSA MEMORIAL AIDED HIGHER SECONDARY SCHOOL CHEMMANKADAVU, KODUR, PERINTALMANNA TALUK MALAPPURAM DISTRICT, PIN - 676 504.

2. ANI K.A., HIGHER SECONDARY SCHOOL TEACHER PMSA MEMORIAL AIDED HIGHER SECONDARY SCHOOL CHEMMANKADAVU, KODUR, PERINTALMANNA TALUK MALAPPURAM DISTRICT, PIN - 676 504.

BY ADV. SRI.A.A.ABUL HASSAN RESPONDENT(S)/RESPONDENTS:-:

-------------------------------

1. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, B2 BLOCK, CIVIL STATION MALAPPURAM, PIN - 676 505.

2. DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695 001.

3. MANAGER, PMSA MEMORIAL AIDED HIGHER SECONDARY SCHOOL CHEMMANKADAVU, KODUR, PERINTALMANNA TALUK MALAPPURAM DISTRICT, PIN - 676 504.

4. PRINCIPAL-IN-CHARGE, PMSA MEMORIAL AIDED HIGHER SECONDARY SCHOOL CHEMMANKADAVU, KODUR, PERINTALMANNA TALUK MALAPPURAM DISTRICT, PIN - 676 504.

BY GOVERNMENT PLEADER SMT.SUNITHA VINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 5971 OF 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. A TRUE COPY OF THE PROCEEDINGS IN ORDER NO.A1/13968/2011 (A) DATED 13.08.2012.

EXHIBIT P2. A TRUE COPY OF THE ORDER NO.A1/13968/2011 (B) DATED 13.08.2012.

EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 08.07.2014 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 26.09.2014 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXHIBIT P5. TRUE COPY OF THE ORDER NO.G/10415/2014/RDD/MLPM/HSE DATED 05.01.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6. A TRUE COPY OF THE REPRESENTATION DATED 15.12.2014 OF THE PETITIONERS ALONG WITH COVERING LETTER DATED 15.12.2014 OF THE 4TH RESPONDENT.

EXHIBIT P7. A TRUE COPY OF THE LETTER DATED 28.01.2015 OF THE MANAGER (3RD RESPONDENT) TO THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 9th day of June, 2015 J U D G M E N T The petitioners, who are Higher Secondary School Teachers (HSST) working in the School under the management of the 3rd respondent, and against regular posts sanctioned by the Government, are aggrieved by the non-disbursement of the salary and other allowances for the period that they worked. It is the specific case of the petitioner that, their appointments were approved by Exts.P1, P2 and P5 orders and there is no justification on the part of the respondents in denying them the salary for the period worked. Highlighting the said grievance, as also the fact that they had not been paid the due increments while in service. They have preferred Ext.P4 representation before the 2nd respondent. The limited prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 representation within a stipulated time limit.

2. I have heard the learned counsel for the petitioners as also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the

case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 representation preferred by the petitioners within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that, it will be open to the petitioners to prefer any further representation when called by the 2nd respondent for a hearing pursuant to the direction issued in the judgment.

A.K.JAYASANKARAN NAMBIAR JUDGE mns