Rajalakshmi K vs State Of Kerala
2021 Latest Caselaw 4876 Ker

               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.28770 OF 2020(U)


PETITIONER:

               RAJALAKSHMI K.
               AGED 53 YEARS
               W/O. DEVADAS NAIR.C., HEADMISTRESS, AIDED UPPER
               PRIMARY SCHOOL, PULASSERIKKARA, MARUTHUR P.O., MELE
               PATTAMBI, PALAKKAD DISTRICT

               BY ADVS.
               SRI.T.MADHU
               SMT.C.R.SARADAMANI
               SRI.SHAHID AZEEZ
               SMT.CHANDRALEKHA SANU

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      2        DIRECTOR GENERAL OF EDUCATION,
               THIRUVANANTHAPURAM-695 001

      3        THE DISTRICT EDUCATIONAL OFFICER,
               OTTAPALAM, PALAKKAD-679 101

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               SHORNUR, PALAKKAD-679 121

      5        THE MANAGER,
               AIDED UPPER PRIMARY SCHOOL, PULASSERIKKARA, MARUTHUR
               P.O., MELE PATTAMBI,
               PALAKKAD DISTRICT-679 339

OTHER PRESENT:

               T RAJASEKHARAN NAIR SR GP

     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.28770 OF 2020(U)

                                           2


                                  JUDGMENT

Dated this the 10th day of February 2021

This writ petition is filed seeking the following prayers:-

"(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the fourth respondent to invoke the power under Rule 67(8) of Chapter XIV A of the Kerala Education Rule 1959 and to disburse the pay and allowances of the petitioner for the period of suspension undergone by the petitioner for the period of suspension undergone for the period between 12.03.2018 to 17.07.2018 and to recover the amount from the fifth respondent as contemplated under the above Rule as expeditiously as possible and within a time frame fixed by this Honorable Court, so as to secure the ends of justice.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the fifth respondent to implement the Exhibit P2 order dated 21.03.2018 passed by the fourth respondent and to regularize the period of suspension undergone by the petitioner for the period between 12.03.2018 to 17.07.2018 forthwith, so as to secure the ends of justice."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

WP(C).No.28770 OF 2020(U)

3. Though the notice has been issued to the 5 th

respondent and duly served, there is no appearance for the

5th respondent. The learned counsel for the petitioner

contends that by Ext.P2 order of the 4 th respondent, there

was a direction to regularize the period of suspension of the

petitioner and as duty for all purposes. It is submitted that

Ext.P5 order has also, thereafter, been issued in revision by

the Government and that the directions contained in Ext.P2

have been upheld. It is submitted that even thereafter, no

steps have been taken by the 5 th respondent to comply with

the directions contained in Ext.P2.

4. The learned Government Pleader submits that

pursuant to Ext.P5 order passed by the Government,

repeated directions have been issued by the AEO to the

Manager, but no steps have been taken to comply with the

directions to regularize the period spent by the petitioner on

suspension as duty.

5. In the above factual situation, there will be a WP(C).No.28770 OF 2020(U)

direction to the 5th respondent to comply with Exts.P2 and P5

orders and to regularize the period spent on suspension by

the petitioner as duty for all purposes. The petitioner's

emoluments shall be re-fixed on the basis of the

regularization for the period from 12.03.2018 to 17.07.2018

as service. Appropriate orders shall be passed by the 5 th

respondent and necessary followup action shall be taken by

the 4th respondent, in accordance with law, without delay, at

any rate, within one month from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/11.02.2021 WP(C).No.28770 OF 2020(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 12.3.2018 OF THE FIFTH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 21.3.2018 OF THE FOURTH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 6.7.2018 IN WP(C) NO.12857/2018 ON THE FILES OF THIS HONOURABLE COURT

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 19.7.2018 IN WP(C) NO.12857/2018 ON THE FILES OF THIS HONOURABLE COURT

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 10.4.2019 PASSED BY THE FIRST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE HEARING NOTE DATED 18.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE HEARING NOTE DATED 2.11.2020 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER