K.A.Sobhanakumari vs State Of Kerala
2021 Latest Caselaw 6232 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                           WP(C).No.21398 OF 2019(Y)


PETITIONER:

                 K.A.SOBHANAKUMARI
                 AGED 58 YEARS
                 W/O. P. R. PURUSHOTHAMAN PILLAI, RAMAPURAM HOUSE, PAZHIVEEDU
                 P.O., ALAPPUZHA - 9.

                 BY ADVS.
                 DR.GEORGE ABRAHAM
                 SRI.JOSEPH GOPURAN

RESPONDENTS:

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

       2         DIRECTOR OF GENERAL EDUCATION
                 JAGATHY, THIRUVANANTHAPURAM - 4.

       3         THE REGIONAL DEPUTY DIRECTOR,
                 HIGHER SECONDARY EDUCATION, CHENGANNUR - 689 121.

       4         DEPUTY DIRECTOR OF EDUCATION
                 ALAPPUZHA - 689 121.

       5         THE MANAGER
                 DEVI VILASAM HIGHER SECONDARY SCHOOL, KANDAKARY, THAYANKARY
                 P.O., ALAPPUZHA - 689 573.


                 BY ADV. SRI.M.R.ANISON
                 BY ADV. SMT.V.BHARGAVI (PANANGAD)
                 BY ADV. SMT.P.A.RINUSA

OTHER PRESENT:

                 SR.GP-SRI.P.M.MANOJ

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21398 OF 2019(Y)

                                       2



                              JUDGMENT

The petitioner, who is stated to have retired while serving

as the Principal-in-charge of 'Devi Vilasam Higher Secondary

School', Alappuzha, has approached this Court seeking that

Exts.P6 and P8 issued by the 3 rd respondent - Regional Deputy

Director, be quashed and praying that her retiral benefits be

directed to be released to her at the earliest. The petitioner also

has a case that even though she was working as the Principal-in-

charge, her charge allowances for such period have not been yet

disbursed.

2. However, when this matter was called, Dr.George

Abraham - learned counsel appearing for the petitioner,

submitted that, pending this lis, except an amount of Rs.29,400/-,

all other retiral benefits have been disbursed to his client, in

obedience to the interim order of this Court dated 14.08.2019

and that the only other grievance which now subsists is

regarding the amount that she has claimed as her charge

allowances. Dr.George Abraham, therefore, prayed that, either

this Court quash the impugned orders or her appeal before the

2nd respondent - Director of General Education (DGE), namely WP(C).No.21398 OF 2019(Y)

Ext.P9, be directed to be taken up and disposed of within a time

frame to be fixed by this Court. He then added that, however,

since his client has not impelled his claim for charge allowances

in that appeal, she may also be given an opportunity of filing a

supplementary note before the said Authority with respect to this

issue, so that all the aspects can be considered by the said

Authority.

3. The learned Senior Government Pleader -

Sri.P.M.Manoj submitted that since the petitioner has already

invoked the alternative statutory remedy by filing Ext.P9 before

the 2nd respondent - DGE, this Court may not enter into any of

her contentions on its merits and leave it to the said Authority to

take a decision thereon, as per law. He further submitted that if

the petitioner wants to file an additional note before the DGE

seeking charge allowances, same may also be allowed. He thus

prayed that this writ petition be ordered only to such extent.

4. When I consider the afore submissions, it is without

doubt that, since the petitioner has already invoked her

alternative statutory remedy, it would not be prudent or proper

for this Court to enter into the controversy projected by her in WP(C).No.21398 OF 2019(Y)

this writ petition on its merits.

5. Further, since she says that her charge allowances

have not been paid, I am certain that this also should be looked

into by the 2nd respondent, since these issues are intrinsically

connected to the aspects mentioned in the statutory appeal.

In the afore circumstances, I order this writ petition,

granting liberty to the petitioner to file an additional note before

the 2nd respondent - DGE, claiming her charge allowances; and

if this is done within a period of three weeks from the date of

receipt of a copy of this judgment, the same, along with Ext.P9

statutory appeal, will be disposed of by the said Authority, after

affording the petitioner, as well as the Manager of the School, an

opportunity of being heard - either physically or through video

conferencing - thus culminating in a composite order thereon, as

expeditiously as is possible but not later than three months from

the date of receipt of a copy of this judgment.

SD/-

                                             DEVAN RAMACHANDRAN

rp                                                 JUDGE
 WP(C).No.21398 OF 2019(Y)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE APPOINTMENT ORDER DATED
                           01.06.2015.

EXHIBIT P2                 TRUE COPY OF THE GRATUITY PAYMENT ORDER OF THE

PRINCIPAL ACCOUNTANT GENERAL DATED 16.04.2018.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL ACCOUNTANT GENERAL DATED 17.09.2018.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 29.03.2018 BEFORE THE DISTRICT POLICE CHIEF, ALAPPUZHA.

EXHIBIT P5 TRUE COPY OF THE REPORT GIVEN BY THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DATED 28.06.2017.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 28.03.209.

EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED THE PETITIONER DATED 12.04.22019.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 30.04.2019.

EXHIBIT P9 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 08.05.2019 BEFORE THE DIRECTOR OF HIGHER SECONDARY EDUCATION.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 04.04.2019 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA.

EXHIBIT P11 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.05.2018.

EXHIBIT P12 A COPY OF SUMMONS ISSUED TO THE WITNESS DATED 18/7/2018.

EXHIBIT P13 A COPY OF THE LETTER ISSUED BY THE PTA PRESIDENT, SMT.P.T.RAJAMMA DATED 5/10/2018.

EXHIBIT P14 A COPY OF THE LETTER ADDRESSED TO THE REGIONAL DEPUTY DIRECTOR DATED 5/10/2018.

WP(C).No.21398 OF 2019(Y)

EXHIBIT P15 A COPY OF THE ANONYMOUS COMPLAINT DATED 21.10.2017

RESPONDENT'S/S EXHIBITS:

EXHIBIT R5 A TRUE COPY OF THE COMPLAINT DATED 30-01-2019 SUBMITTED BEFORE THE RDD, CHENGANNUR BY THE PRINCIPAL-IN-CHARGE OF THE SCHOOL.