STATE OF KERALA Vs. V. PRIYADARSINI

JUDGEMENT

(1.) THE 1st respondent filed W.P.(C).No.37143/2004 claiming, inter alia, that she should be paid pay and allowances for the period from 15.7.1998 to 28.9.1999 in view of Exts.P5 and P6 Government orders. The learned Single Judge having allowed the writ petition, this appeal is filed.

(2.) WE heard the learned Government Pleader appearing for the appellants and also the learned counsel appearing for the respondents.

(3.) THE main plank of argument raised by the 1st respondent was that in Ext.P4, as modified by Ext.P6, the Government ordered that all aided school teachers, who were in service as on 14.7.1997 will be given protection by retaining them in the respective schools and that salary will be continued to be paid to them. On this basis, the claim is raised by the 1st respondent. However, what we find is that in Ext.P4 benefit of protection was extended all aided teachers who were in service as on 14.7.1996. That Government order issued on 26.7.1999 was clarified by the Government by G.O(P) No. 240/99/G.Edn. dated 29.9.1999. In that Government order, referring to Ext.P4 dated 26.7.1999, the Government clarified in para 2(i) that all the aided school teachers who were in service as on 14.7.1996 and those, who are appointed in aided school against regular vacancies during 1996 -97 and upto 14.7.1997 would be eligible for protection. It was also ordered that sub para 3 thereof that those who are eligible for protection as per para 2(i) referred to above and if retrenched during the subsequent orders due to division fall, they will be reinstated in service in their parent schools and that the period during which they are out of service will be regularised as eligible leave or leave without allowance.