IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 17944 OF 2022
PETITIONER/S:
BINDU C.R
AGED 50 YEARS
WIFE OF VIVEKANANDAN NAIR,
LOWER PRIMARY SCHOOL ASSISTANT (LPSA),
MEERAN PILLAI MEMORIAL LOWER PRIMARY SCHOOL, KILLY,
KATTAKKADA, THIRUVANANTHAPURAM-695 572
(RESIDING AT REVATHI, VAZHAPPILLY, KUTTIKKAL
THIRUVANANTHAPURAM DISTRICT)
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KILLIPPALAM, P.O. CHALAI, THIRUVANANTHAPURAM-695 036.
4 THE ASSISTANT EDUCATIONAL OFFICER,
KATTAKKADA, THIRUVANANTHAPURAM-695 572.
5 THE MANAGER,
MEERAN PILLAI MEMORIAL LOWER PRIMARY SCHOOL, KILLY,
KATTAKKADA, THIRUVANANTHAPURAM-695 572 (EX-OFFICIO
MANAGER, ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA,
THIRUVANANTHAPURAM-695 572).
6 SMT. SHEELA.K.S.,
HEADMISTRESS (RETIRED), MEERAN PILLAI MEMORIAL LOWER
PRIMARY SCHOOL, KILLY, KATTAKKADA,
THIRUVANANTHAPURAM-695 572
WP(C) NO. 17944 OF 2022 2
(RESIDING AT NIRMALYAM, MALAYINKEEZHU,
THIRUVANANTHAPURAM-695 571).
7 SMT. HYRUNNIZA.A.,
HEADMISTRESS, MEERAN PILLAI MEMORIAL LOWER PRIMARY
SCHOOL, KILLY, KATTAKKADA,
THIRUVANANTHAPURAM-695 572.
SRI PREMCHAND R NAIR, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17944 OF 2022 3
JUDGMENT
The petitioner contends that she commenced regular service in Meeran Pillai Memorial Lower Primary School as an LPSA from 15.7.2000 onwards. Her grievance in this writ petition is that under the pretext of implementing Ext.P2 order issued by the 2nd respondent, directions have been issued to the Headmistress of the school that the salary paid to three teachers including the petitioner should be recovered. The petitioner contends that challenging the said order, the petitioner herein has preferred Ext.P4 revision petition before the 1st respondent. Though various other prayers are sought for in this writ petition, when the matter came up for consideration, the learned counsel appearing for the petitioner submits that the petitioner would be satisfied if the 1st respondent is directed to consider Ext.P4 in an expeditious manner.
2. I have heard Sri.M.Sajjad, the learned counsel WP(C) NO. 17944 OF 2022 4 appearing for the petitioner and Sri.Premchand R. Nair, the learned Senior Government Pleader.
3. In view of the nature of the order that I propose to pass, notice to the party respondents is dispensed with.
4. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P4, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the respondents 5 to 7.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three WP(C) NO. 17944 OF 2022 5 months from the date of production of a copy of this judgment. Until orders are passed in Ext.P4 revision petition, recovery proceedings, if any initiated against the petitioner pursuant to Exhibit P1 to P3, shall be kept in abeyance.
c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru WP(C) NO. 17944 OF 2022 6 APPENDIX OF WP(C) 17944/2022 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE LETTER NO. SC (2)/ 27536/19/DGE DATED 18.01.2020 OF THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.
SC(2)/27536/2019/DGE DATED 05.04.2022 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE LETTER NO.
C/4243/2019/AEO DATED 06-05-2022 OF THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST RESPONDENT DATED 21.05.2022, (WITHOUT EXHIBITS) RESPONDENTS EXHIBITS : NIL