A teacher's claim for salary during unauthorized absence must consider prior court rulings confirming her appointment rights.

1. The petitioner, a former Arabic Teacher of A.M.U.P. School, Aviyoor, has filed this writ petition challenging Ext.P11 Government order dated 12.1.2010 and seeking the following reliefs:
i. to issue a writ of certiorari or other appropriate writ or order quashing Ext.P11 in so far as it has not treated the period of out of service of the petitioner, which was illegally imposed on her by the Manager, as duty and direction not issued to disburse her all benefits including salary and pension on that basis, for the said period mentioned in Ext.P11.
ii. to issue a writ of mandamus or other appropriate writ or direction commanding the respondents to see that the salary and other benefits due to the petitioner for the period from 29-9-78 to 5-6-79, from 22-4-84 to 19-8-84 and from 22-4-94 to 4-6-2000 are disbursed to the petitioner within a specified time.
iii. to declare that the petitioner is entitled to get all service benefits including salary and other allowances and pension for the periods mentioned in Relief No.II, on the facts of this case. and,
iv. to grant such other reliefs which this Hon'ble Court deems just and proper to be granted on the facts of the case;

2. The brief facts of the case are as follows: The petitioner was appointed as Arabic Teacher in A.M.U.P. School, Aviyoor in leave vacancies during the period from 4.7.1978 to 28.9.1978, 6.6.1979 to 21.2.1984 and from 20.8.1984 to 21.4.1994. The said appointments were approved by the Assistant Educational Officer, Chavakkad. By virtue of her approved service during the period from 4.7.1978 to 28.9.1978, the petitioner became entitled to a preferential claim for future appointment in the school.

3. A vacancy of Arabic Teacher arose in the Lower Primary section of A.M.U.P. School, Aviyoor on 1.7.1995 consequent on the retirement of the incumbent on 30.6.1995. Instead of appointing the petitioner, who had a preferential claim under R.51A of Chapter XIV A of the Kerala Education Rules , the then Manager appointed a fresh hand from the open market. The Assistant Educational Officer declined to approve the said appointment. The said order was confirmed in appeal by the District Educational Officer, Thrissur and in revision by the Director of Public Instruction who, by order passed on 1.2.1997, directed the Manager to appoint the petitioner as Arabic Teacher in the Lower Primary section of A.M.U.P. School, Aviyoor. The Manager challenged it in this Court by filing O.P.No.3039 of 1997. The principal contention raised by the Manager in the said writ petition was that before the order dated 1.2.1997 was issued, he was not put on notice or heard. Since the Manager had not been heard before the order dated 1.2.1997 was issued, it was set aside by this Court and the Director of Public Instruction was directed to pass fresh orders in the matter. The Director of Public Instruction thereafter heard the parties and passed Ext.P1 order dated 31.12.1997 directing the Manager to implement the earlier order dated 1.2.1997 at once failing which the Manager was cautioned that he will be disqualified to hold the post of Manager without further notice. Sri.C.K.Raghavan, the Manager, thereupon filed O.P.No.2001 of 1998 in this Court. By Ext.P2 judgment delivered on 28.9.1998, the said writ petition was dismissed upholding Ext.P1. This Court also directed the Manager to implement Ext.P1 order, a copy of which was produced and marked as Ext.P17 in O.P.No.2001 of 1998 , within one month from 28.9.1998. This Court also declared that the petitioner herein, who was joined as the fourth respondent in the said writ petition, will be entitled to get all consequential benefits.

4. The then Manager did not a