GRACY Vs. ASSISTANT EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE petitioner was appointed as a ˜probationary teacher ™in a school under the management of the 4th respondent as per Ext.P -1 order for the period 28th August 1972 to 30th March 1973 and again as such as per Ext.P -2 order for the period 4th June 1973 to 31st May 1974.Both these appointments were approved by the competent autho­rity,viz .,the Assistant Educational Officer,in the first instance up to the closing date of schools in 1972 -73 and in the second instance up to 31st May 1974.She was again appointed as a ˜permanent teacher ™in the school under the management of the 4th respondent ˜from 1st June 1974 onwards in the vacancy of Smt.Mariamma Thomas who resigned on 21st July 1972 &rsquo ;.This appointment was approved by the Assistant Educational Officer,the 1st respondent herein,by endorsing thereon ˜the appointment is approved as Temporary L.P.S A.with effect from 1st June 1974 &rsquo ;.This endorsement is dated 4th June 1974.

(2.) AS per Ext.P -4 order dated 27th September 1974 the 2nd respondent,the District Educational Officer,find­ing fault for abolition of the shift system in Standard III in the school,after notice to the petitioner,and to the 4th respondent decided:˜In these circumstances one post of L.P.S.A.irregularly sanctioned by the Assistant Educational Officer by abolishing the shift system in his fixation of establishment order read as 1st paper above is reduced.The shift abolished in Standard III is restored.The affected teacher is to be treated as a protected teacher under the appropriate G.O .,if eligible,for the same.The Assistant Educational Officer will forward the proposal for the absorption of the teacher as protected teacher if necessary &rsquo ;.

(3.) THE only other question that arises for considera­tion in this case is as to whether the petitioner is entitled for a direction for disbursement by the respondents of her salary which admittedly has not been paid to her from September 1974 onwards.It is not disputed that the post reduced as per Ext.P -4 order has been sanctioned for the current year(1975 -76)and that the petitioner is still working in the school.Petitioner has therefore to be paid her emoluments for the services she has rendered and is rendering as a teacher during the current year,for the post has been sanctioned and she is working in that post.This was not disputed before me by the learned Government Pleader.