Remadevi vs The Deputy Director
2021 Latest Caselaw 17722 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                         WP(C) NO. 17334 OF 2021
PETITIONER:

            REMADEVI O,
            SECRETARY (UNDER SUSPENSION),
            KALEEKKATHARA KSHEEROLPADAKA SAHAKARANA SANGAM, NO. Q
            89 (D) APCOS, SOORANAD SOUTH P.O. 690 561, RESIDING AT
            KALEEKKATHARA HOUSE, PADINJATTEMURI, SOORANAD NORTH
            P.O. KOLLAM 690 561.

            BY ADVS.
            N.RAGHURAJ
            SAYUJYA



RESPONDENTS:

    1       THE DEPUTY DIRECTOR,
            DIRECTORATE OF DEPUTY DIRECTOR, DAIRY DEVELOPMENT,
            DEPARTMENT, KOLLAM.

    2       THE PRESIDENT,
            KALEEKKATHARA KSHEEROLPADAKA SAHAKARANA SANGAM, NO.Q 89
            (D) APCOS, SOORANAD SOUTH P.O., 690 561.

    3       KALEEKKATHARA KSHEEROLPADAKA
            SAHAKARANA SANGAM, NO. Q 89 (D) APCOS, SOORANAD SOUTH
            P.O., 690 561.
            REPRESENTED BY ITS HONORARY SECRETARY.

            ADV.SRI.JIMMY GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.17334/2021
                                        2


               P.V.KUNHIKRISHNAN, J
         -------------------------------
             W.P.(C)No.17334 of 2021
        --------------------------------
      Dated this the 27th day of August 2021


                               JUDGMENT

The above Writ petition is filed with

following prayers:

"i) To issue a Writ in the nature of Mandamus or such other writ, direction or order commanding the 1st respondent to consider and pass orders on Ext.P5 Petition/complaint after affording an opportunity of being heard to the petitioner, within a time frame;

ii) To issue a Writ in the nature of Mandamus or such other writ, direction or order commanding the 1st respondent to direct the 2nd and 3rd respondents to pay the salary of the petitioner for the months of July, 2020 to October, 2020 and to pay the Substance Allowance to her at the applicable rates from 09.10.2020 till date with interest and continue to pay till the order of suspension is recalled;

iii) To issue a Writ in the nature of Mandamus or such other writ, direction or order declaring that the suspension of the petitioner by the 2 nd WP(C) NO.17334/2021

and 3rd respondents is arbitrary, illegal and unconstitutional;

iv) award to the petitioner the costs of these proceedings and;

(v) to grant such other and further reliefs as are just, proper and necessary or may be prayed for."

2. When this writ petition came up for

consideration, the learned counsel for the

petitioner limit his prayer for a consideration

of Ext.P5 representation by the 1st respondent

within a time frame.

3. Heard the learned counsel for the

petitioner and the learned Government pleader

also.

4. After hearing both sides, I think there

can be a direction to the 1st to consider Ext.P5

in accordance to law after giving an opportunity

of hearing to the petitioner.

Therefore, this writ petition is disposed in

the following manner:

(i) The 1st respondent is directed to

consider Ext.P5 representation as expeditiously WP(C) NO.17334/2021

as possible, at any rate, within six weeks from

the date of receipt of a copy of this judgment.

(ii) The 1st respondent will give an

opportunity of hearing to the petitioner also

before passing final order in Ext.P5.

(iii) I also make it clear that I have not

considered the matter on merit and the 1st

respondent is free to pass appropriate orders in

accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.17334/2021

APPENDIX OF WP(C) 17334/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER NO.

A5/2163/10 DATED 30.06.2010 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER NO.

A5/4303/10 DATED 12.01.2011 ALONG WITH ITS ENGLISH TRANSLATION.,

EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER DATED 09.10.2020 ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4 TRUE PHOTOCOPY OF THE MEMO OF CHARGES DATED 07.04.,2021 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4 (A) TRUE PHOTOCOPY OF THE REPLY DATED 18.4.2021 ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P5 TRUE PHOTOCOPY OF THE PETITION/COMPLAINT, DATED 07.04.2021, ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER DATED 20.06.2021 ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P7 TRUE PHOTOCOPY OF REPLY ON 02.07.2021 SUBMITTED BY THE IST PETITIONER, ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P8 TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY OF THE PETITIONER, ISSUED FROM THE SREE CHITHIRA THIRUNAL MEDICAL SCIENCES TECHNOLOGY, THIRUVANANTHAPURAM

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE