IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 27414 OF 2009
PETITIONER:
MANAGER,
SNUP SCHOOL
NALLAMADANCHALLA,
VILAYODI P.O.,
CHITTUR, PALAKKAD.
BY ADV SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM.
3 DEPUTY DIRECTOR OF EDUCATION
PALAKKAD.
4 DISTRICT EDUCATIONAL OFFICE
PALAKKAD.
5 THE ASSISTANT EDUCATIONAL OFFICER
CHITTUR,
PALAKKAD.
*ADDL. P.C.RAMAKRISHNAN,
R6 HEADMASTER,
S.N.U.P. SCHOOL,
NALLAMANDANCHALLA,
VILAYODI P.O.,
CHITTUR, PALAKKAD.
*ADDL.R6 IMPLEADED VIDE ORDER DATED 07.12.2009 IN I.A.
15130/09.
*ADDL. SECRETARY TO THE GOVERNMENT,
R7 GENERAL EDUCATION DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM.
W.P.(C).No.27414 OF 2009
2
*ADDL.R7 IMPLEADED VIDE ORDER DATED 10.02.2010 IN
I.A. 1678/10.
SRI. K.M FAISAL - GP
SRI. N.N. SUGUNAPALAN SR.
SRI. S. SUJIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.27414 OF 2009
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JUDGMENT
The writ petition is filed for a direction to the 1 st respondent to defer from recovering the pay and allowances paid to the delinquents, two teachers, during their period of suspension pending disposal of the enquiry against them and to declare that the petitioner is not liable to be proceeded with by any recovery proceedings in respect of the pay and allowances paid to the delinquents during the currency of the disciplinary proceedings initiated against them.
2. I.A No.2 of 2022 is filed by the petitioner to accept Exts.P14 to P22 as additional documents. In the affidavit filed in support of the said application it is stated that the entire amount sought to be recovered from the petitioner pursuant to Ext.P18 revenue recovery proceedings has been remitted by the present manager of the School vide Ext.P21 chalan, with prior permission of the DDE, Palakkad.
W.P.(C).No.27414 OF 2009 4
3. When the writ petition came up for consideration on 09.06.2022, the learned Government Pleader was directed to get instructions in the matter. It is submitted by the learned Government Pleader that the amount sought to be recovered from the petitioner has been received by the Department on 27.04.2022.
4. I have heard the learned counsel for the petitioner, learned counsel for the additional 6 th respondent and the learned Government Pleader.
5. Since the amount sought to be recovered from the petitioner pursuant to Exts.P7, P9, P10 and P13 orders has already been remitted, nothing survives to be considered on merits in the writ petition. Therefore, all proceedings pursuant to Exts.P7, P9, P10, P13 and P18 are quashed.
Accordingly, the writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR W.P.(C).No.27414 OF 2009 5 APPENDIX PETITIONER EXHIBITS:-
EXHIBIT P1 PHOTOSTAT COPY OF THE COMMUNICATION NO.C/1432/05 DATED 19.08.2005 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 PHOTOSTAT COPY OF THE ORDER DATED 25.08.2005 OF THE 5TH RESPONDENT. EXHIBIT P3 PHOTOSTAT COPY OF THE STATEMENT OF ALLEGATIONS ISSUED BY THE PETITIONER TO THE DELINQENTS, DATED 14.02.2006. EXHIBIT P3 (a) PHOTOSTAT COPY OF THE CHARGE MEO ISSUED BY THE PETITIONER TO THE DELINQUENTS DATED 14.02.2006.
EXHIBIT P4 PHOTOSTAT COPY OF THE G.O.[RT] NO.39/06/G.EDN. DATED 03.01.2006. EXHIBIT P5 PHOTOSTAT COPY OF THE ORDER DATED 22.03.2008 OF THE PETITIONER TO THERDELINQUENT.
EXHIBIT P5 (a) PHOTOSTAT COPY OF THE ORDER DATED 22.03.2008 OF THE PETITIONER TO THE DELINQUENT.
EXHIBIT P6 PHOTOSTAT COPY OF THE JUDGMENT IN W.A.NO.1392/2006 DATED 25.08.2005 OF THIS HON'BLE COURT.
EXHIBIT P7 PHOTOSTAT COPY OF THE COMMUNICATION DATED 17.11.2008 ISSUED BY THE GOVERNMENT TO THE 3RD RESPONDENT. EXHIBIT P8 PHOTOSTAT COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 1ST RESPONDENT DATED 29.11.2008.
EXHIBIT P9 PHOTOSTAT COPY OF THE LETTER DATED 09.12.2008 OF THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P10 PHOTOSTAT COPY OF THE LETTER DATED 30.01.2009 SENT BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P11 PHOTOSTAT COPY OF THE LETTER DATED 11.02.2009 OF THE PETITIONER TO THE 5TH RESPONDENT.
W.P.(C).No.27414 OF 2009 6 EXHIBIT P12 PHOTOSTAT COPY OF THE LETTER DATED 03.04.2009 OF THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P13 PHOTOSTAT COPY OF THE LETTER DATED 30.07.2009 OF THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P14 A TRUE COPY OF ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR DATED 19.04.2010.
EXHIBIT P15 A TRUE COPY OF DEATH CERTIFICATED DATED 19.12.2019 ISSUED BY THE CHITTUR- THATHAMANGALAM MUNCIPALITY. EXHIBIT P16 A TRUE COPY OF THE ORDER OF THE AEO CHITTUR DATED 31.03.2020.
EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 01.04.2022 ISSUED BY THE AEO, CHITTUR PALAKKAD.
EXHIBIT P18 A TRUE COPY OF REVENUE RECOVERY NOTICE DATED 06.02.2020 ISSUED BY THE TAHASILCHITTUR.
EXHIBIT P19 A TRUE COPY OF THE LETTER OF SHRI SIVANSANKAR TO THE DDE, PALAKKAD DATED 13.04.2022.
EXHIBIT P20 A TRUE COPY O F THE LETTER OF TH E DDE PALAKKAD DATED 26.04.2022 TO THE MANAGER SNUP SCHOOL.
EXHIBIT P21 A TRUE COPY OF CHALLAN DATED 27.04.2022 OF DISTRICT TREASURY PALAKKAD. EXHIBIT P22 A TRUE COPY OF REPRESENTATION DATED 27.04.2022 OF PRESENT A MANAGER SNUP SCHOOL.
RESPONDENT'S EXHIBITS:-
EXHIBIT R6(a) TRUE COPY OF THE COMPLAINT NO.295/09 BEFORE THE HONOURABLE LOKA AYUKTA. EXHIBIT R6(b) TRUE COPY OF THE ORDER NO.F/2793 09 DATED 19.04.2010/K.DIS ISSUED BY THE 5TH RESPONDENT.