Jeena N.J vs State Of Kerala
2021 Latest Caselaw 14500 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        WP(C) NO. 13867 OF 2021
PETITIONER:

            JEENA N.J.
            AGED 46 YEARS
            W/O. K.SATHYABABU, SADGAMAYA, PANOOR P.O.,
            BYE PASS ROAD, PUTHOOR, KANNUR-670 692

            BY ADVS.
            C.A.MAJEED
            K.H.ASIF
            MOLTY MAJEED
            P.B.UNNIKRISHNAN NAIR
            RUBEN GEORGE ROCK



RESPONDENTS:

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

    2       THE DIRECTOR,
            DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
            THIRUVANANTHAPURAM-695 014

    3       THE DEPUTY DIRECTOR OF EDUCATION,
            PUZHATHI HOUSING COLONY, KANNUR-670 002

    4       THE DISTRICT EDUCATIONAL OFFICER,
            THALASSERRY, KANNUR, KERALA-670 101

    5       THE HEAD TEACHER,
            PRM KOLAVALLOR HIGHER SECONDARY SCHOOL, THUVAKKUNNU
            P.O., KANNUR, KERALA-670 693



            SRI. BIJOY CHANDRAN-SR.G.P.


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13867 OF 2021           2


                             JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) Issue a writ of certiorari or any other appropriate writ, order or direction and quash Exhibit P3 order as the same is illegal, unjust an arbitrary. (2) Direct the 4th respondent to regularize the period of retrenchment from 01.03.2009 to 21.06.2012 as service for all purposes as per Exhibit P5. (3) Declare that the petitioner is not entitled to refund any amount to the 3rd or 4th respondents as the salary from 15.07.2008 to 28.02.2009 is legally due to her for the work done at the 5th respondent school.

(4) Declare that the non consideration of Exhibit P4 is illegal unjust and arbitrary.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had worked as HSA (Maths) in the 5th

respondent's school from 06.06.2001. She was retrenched for

want of vacancy in the academic year 2009-10. It is submitted that

Ext.P2 notice has been issued to the petitioner with regard to her

retrenchment on 27.03.2009, but no orders have been passed on

the same. On 29.09.2020, Ext.P3 order had been issued directing

recovery of the amounts due to the petitioner for the period from

15.07.2008 to 28.02.2009. The petitioner has approached the

Government with Ext.P4 representation and seeks a

consideration thereof before Ext.P3 is implemented. The learned

counsel for the petitioner contends that Ex.P3 is an order of

recovery issued long after the alleged excess payment drawn. It is

submitted that the petitioner had actually worked for the period

from 15.07.2008 to 28.02.2009 in the school and there is absolutely

no justification for ordering recovery of the pay for a period

when she had actually rendered service. The learned counsel for

the petitioner also relies on a decision of the Apex Court in State

of Punjab and others v. Rafiq Masih (Whitewasher) (2014) 8 SCC 883.

4. The learned Government Pleader submits that since

Ext.P4 representation has been submitted before the

Government, the Government will look into the matter and pass

appropriate orders thereon.

In the above view of the matter, there will be a direction to

the 1st respondent to take up Ext.P4 representation preferred by

the petitioner and to pass orders thereon with notice to the

petitioner and after hearing her 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. The

contentions of the petitioner shall be specifically adverted to

while orders are passed on Ext.P4. Till orders are passed on

Ext.P4, recovery against the petitioner on the basis of Ext.P3,

shall be kept in abeyance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 13867/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.2001

Exhibit P2 TRUE COPY OF NOTICE NO.B1/33723/08 DATED 27.03.2009

Exhibit P3 TRUE COPY OF THE LETTER NO.B3/604/2020 DATED 29.09.2020

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 12.11.2020 SUBMITTED TO THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF GO(RT) 119/2018 DATED 23.08.2018