Kerala High Court
Ajithakumari A. R vs The State Of Kerala on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.3353 OF 2021(T)
PETITIONER/S:
1 AJITHAKUMARI A. R.
AGED 49 YEARS
W/O. V. K. SURESH KUMAR, RESIDING AT PUTHOORAM,
ENCHAKKAL LANE, SAARKARA, THIRUVANANTHAPURAM,
PRESENTLY WORKING AS HEADMISTRESS, SREE NARAYANA
VILASOM HIGHER SECONDARY SCHOOL, PANAYARA, VARKALA,
THIRUVANANTHAPURAM DISTRICT.
2 SINDHUKUMARI C. S.
AGED 50 YEARS
W/O. JAYAN PILLAI A. R., RESIDING AT NEELAMBARI,
RRBRA, B-7, BYE PASS NAGAR, ATTINGAL,
THIRUVANANTHAPURAM, PRESENTLY WORKING AS
HEADMISTRESS, SREE SARADAVILASOM GIRLS HIGHER
SECONDARY SCHOOL, SAARKARA, CHIRAYINKEEZHU,
THIRUVANANTHAPURAM.
3 AJITH KUMAR R.
AGED 55 YEARS
S/O.RAGHAVAN K., RESIDING AT PRIYA BHAVAN,
GANDHIMUKKU, KOTTARAKKARA P. O., KOLLAM DISTRICT,
PRESENTLY WORKING AS HEADMASTER, SREE KRISHNA VILASOM
LOWER PRIMARY SCHOOL, PARAPPARA MUGHAL, KOTTUKUNNAM
P. O., VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SRI.SHAHID AZEEZ
SMT.CHANDRALEKHA SANU
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
VAZHUTHACAUD P. O., THIRUVANANTHAPURAM - 695 014.
WP(C).No.3353 OF 2021
2
3 THE DEPUTY DIRECTOR OF EDUCATION
THIRUVANANTHAPURAM, KILLIPALAM, CHALAI P. O.,
THIRUVANANTHAPURAM - 695 036.
4 THE ASSISTANT EDUCATIONAL OFFICER
ATTINGAL, THIRUVANANTHAPURAM - 695 101.
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3353 OF 2021
3
JUDGMENT
Dated this the 10th day of February 2021
This writ petition is filed seeking the following reliefs:-
(i) Issue a writ of certiorari and quash the Exhibit P4 and
P6 orders passed by the third respondent, so as to secure
the ends of justice.
(ii) Issue a writ of mandamus or any other appropriate
writ, direction or order directing the first respondent to
take a decision on Exhibit P7 revision petition filed by the
petitioners before the first respondent as against Exhibits
P4 and P6 orders of the third respondent, as expeditiously
as possible and within a time frame to be fixed by this
Honourable Court, so as to secure the ends of justice.
(iii) Issue a writ of mandamus or any other appropriate
writ, direction or order directing the respondents not to
take any coercive proceedings to recover the amount
covered by Exhibits P4 and P6 proceedings of the third
respondent till a decision is taken by the first respondent
in Exhibit P7 revision petition filed by the petitioners, so as
to secure the ends of justice.
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. It is submitted that the petitioners were the Head Teachers of three
schools and Ext.P4 order had been issued by the Deputy Director of
Education, on the basis of visits and audits conducted, finding that
amounts had been drawn by the petitioners in excess of the entitlement, in
WP(C).No.3353 OF 2021
the Noon Meal programme.
4. It is submitted that Ext. P4 order was issued without hearing the
petitioners and therefore factual aspects of the matter could not be brought
before the DDE, before the orders were passed. Petitioners had preferred
Ext.P5 appeal which had been rejected by Ext.P6. As against Ext.P4 and
P6, the petitioners had preferred Ext.P7 revision petition before the
government and seeks a consideration of the same. The learned
Government Pleader submits that since Ext.P7 revision has been
submitted in November 2020, the same can be considered and disposed
of in accordance with law.
In the above view of the matter, there will be a direction to the first
respondent to take up, consider and pass appropriate orders in Ext. P7
revision petition preferred by the petitioners, with notice to the petitioners
and after hearing them through any appropriate means, including by video
conferencing within a period of three months from the date of receipt of a
copy of this judgment. Recovery pursuant to Ext.P4 and P6 shall be kept
in abeyance till then.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.3353 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE REMARKS MADE IN THE
INSPECTION DIARY MAINTAINED BY SREE SARADA
VILASOM GIRLS HIGH SCHOOL, SARKARA,
CHIRAYINKEEZH, SREE CHITHIRA VILASOM BOYS
HIGH SCHOOL, SARKARA, CHIRAYINKEEZH AND
SREE CHITHIRA VILASOM LOWER PRIMARY SCHOOL,
SARKARA, CHIRAYINKEEZH DATED 20.06.2017 AND
21.06.2017.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PRESIDENTS OF THE PARENTS
TEACHERS ASSOCIATION OF SREE SARADA VILASOM
GIRLS HIGH SCHOOL, SARKARA, CHIRAYINKEEZH,
SREE CHITHIRA VILASOM BOYS HIGH SCHOOL,
SARKARA, CHIRAYINKEEZH AND SREE CHITHIRA
VILASOM LOWER PRIMARY SCHOOL, SARKARA,
CHIRAYINKEEZH JOINTLY DATED 10.01.2018.
EXHIBIT P3 THE TRUE COPY OF THE REPORT DATED
03.03.2018 OF THE DEPUTY SUPERINTENDENT OF
POLICE (VIGILANCE AND ANTI CORRUPTION
BUREAU), THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF THE PROCEEDINGS DATED
13.06.2018 OF THE DEPUTY DIRECTOR OF
EDUCATION, THIRUVANANTHAPURAM.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED
NIL SUBMITTED BY THE PETITIONERS BEFORE THE
DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM.
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 28.09.2020
PASSED BY THE DEPUTY DIRECTOR OF EDUCATION,
THIRUVANANTHAPURAM.
EXHIBIT P7 THE TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONERS BEFORE THE
FIRST RESPONDENT DATED 28.11.2020.
