IMPORTANT POINTS
A widow was not permitted to work for no fault on her part, after about three months of her appointment on compassionate grounds, that too after 4 years of the death of her husband, it is only just and proper that she is paid salary for the period upto her fresh appointment. It is also pertinent to note that her appointment as Lab Assistant was cancelled only as per Ext.P9 order on 25.02.2017 while appointing her as Office Attendant. Therefore she was kept out of service without issuing any order, which is not permissible. She would have got subsistence allowance in case she was placed under suspension. All the respondents are equally responsible for denial of work to petitioner who was always ready to work.

JUDGMENT :

Petitioner filed this Writ Petition at a time when she was kept out of service from the post of Laboratory Assistant within three months of her appointment. During the pendency of the Writ Petition she got a posting as Office Attendant. As at present her grievance is against denial of salary for the period from 18.03.2016 to 05.03.2017.

2. The petitioner's husband expired on 18.02.2012, while working as Laboratory Assistant in Sree Krishna College, Guruvayoor which is run by the Guruvayoor Devaswom. On 14.06.2012 petitioner submitted an application before the Managing Committee of the Devaswom requesting for compassionate appointment in the College. It is stated that the Guruvayoor Devaswom had by Ext.P1 notification dated 10.02.2012 invited applications for appointment against 5 vacancies of Peon and one vacancy of Laboratory Assistant. Pointing out the availability of vacancies and the steps for filling up the same, petitioner had approached this Court in WP(C) No.24021/2012 seeking directions to the respondents to appoint her. As per Ext.P2 order dated 12.10.2012 this Court directed that one post of Lab Assistant/Peon shall be kept vacant. Thereafter by Ext.P3 judgment dated 23.09.2015 the Writ Petition was disposed of directing that petitioner shall be given appointment against the post kept vacant, in case she satisfied the respondents that she did not have major employed children at the time of the death of her husband and that her husband was the sole bread winner of the family. Thereafter on 14.03.2016 the Administrator of the Guruvayoor Devaswom issued Ext.P4 order appointing the petitioner as Laboratory Assistant under the compassionate employment scheme. It was ordered that petitioner shall pass Attenders' Test conducted by Public Service Commission within the prescribed time limit. Petitioner thereupon joined duty as Laboratory Assistant on 15.03.2016. However from 01.06.2016 onwards the Principal did not permit her to perform duties. She thereupon submitted Exts.P5, P6 and P7 representations before the Principal, the Administrator and the Principal Secretary to Government, Higher Education Department respectively requesting to permit her to work, pointing out that she was kept out of service without even issuing any orders. Thereupon, referring to its earlier letter dated 02.05.2016 and petitioner's representation Government issued Ext.P8 letter dated 10.06.2016 directing the Devaswom to accommodate the petitioner in another suitable post and in case no vacant post of Last Grade Servant was available in the College, to submit formal application through proper channel to downgrade the post of Lab Assistant temporarily. It is submitted that Government had ordered cancellation of petitioner's appointment as Lab Assistant on the ground that she did not have Attenders' test which is required as per the University Statutes. As respondents did not take any positive action even after the direction in Ext.P8 letter, petitioner filed this Writ Petition in December 2016, pointing out that vacancy of Peon was available under the Devaswom to accommodate her. She had also sought for a direction to permit her to continue as Lab Assistant. During the pendency of the Writ Petition, the Administrator issued Ext.P9 order dated 25.02.2017 canceling the petitioner's appointment as Lab Assistant and appointing her in the vacancy existed in the post of Office Attendant subject to approval by Government. It was ordered that she would be on probation from the date on which she joined duty in the post. Accordingly petitioner joined duty on 06.03.2017. When the matter was reported before this Court, an interim order was passed on 21.03.2017 directing that the 3rd respondent shall issue orders on regularisation of the period during which the petitioner was kept out of employment from 15.03.2016 upto the date of her reappointment. Thereafter the managing committee of the Devaswom decided to regularise her services from 18.03.2016 onw