Citation : 2021 Latest Caselaw 12932 Ker
Judgement Date : 14 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
WP(C) NO. 12174 OF 2021
PETITIONER/S:
ANITHA VASANTH P.V.
AGED 56 YEARS
W/O. MOHANAN, HEAD MISTRESS (RETIRED), HIGH SCHOOL
SECTION OF VHSS, KUZHIKKALIDAVAKA, KARIMPINPUZHA P. O.,
PANGOD, KOLLAM DISTRICT, PIN - 691 513.
RESIDING AT VASANTHALAYAM, KADAMBANADU SOUTH, MANAMPUZHA
P. O., PATHANAMTHITTA DISTRICT.
BY ADVS.M.V.THAMBAN
R.REJI, THARA THAMBAN
B.BIPIN, ARUN BOSE
N.SUNIL JOSEPH
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR (EDUCATION)
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM,
KOLLAM DISTRICT, PIN - 691 013.
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM,
PIN - 691 013.
5 THE MANAGER, VHSS, KUZHIKKALIDAVAKA, KARIMPINPUZHA P. O.,
PANGOD, KOLLAM DISTRICT, PIN - 691 513.
R1 TO R4 BY GOVT.PLEADER SRI BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12174 OF 2021
2
JUDGMENT
Admit.
2. The writ petition has been filed seeking a
declaration that the period of suspension of the
petitioner from 22.08.2011 to 01.12.2011 is liable to
be counted as duty for all service benefits and that
the petitioner is entitled to full salary for the said
period. There is also a further prayer for a direction
to the respondents to reckon the period of suspension
as duty for all purposes and disburse the salary and
other benefits to the petitioner and also to revise the
pensionary benefits of the petitioner accordingly.
3. The petitioner has preferred Ext.P4
representation before the 1st respondent, which is said
to have been filed on 12.03.2021. The petitioner prays
that since the pension papers are pending for a long
time and there is likelihood of delay, the 1 st WP(C) NO. 12174 OF 2021
respondent may be directed to consider and pass orders
on Ext.P4 application within a time frame.
4. In the light of the limited prayer made in the
writ petition, notice to the 5th respondent is dispensed
with. Learned Government Pleader takes notice for
respondents 1 to 4.
The writ petition is disposed of directing the 1st
respondent to consider and pass orders on Ext.P4 within
six weeks from the date of receipt of a copy of this
judgment, after hearing the petitioner and the 5th
respondent. If it is not possible for a personal
hearing, the hearing can be conducted in the virtual
mode.
Sd/-
T.R.RAVI JUDGE
Pn WP(C) NO. 12174 OF 2021
APPENDIX OF WP(C) 12174/2021
PETITIONER'S EXTS:
Exhibit P1 TRUE COPY OF THE ORDER NO.A4/HM/DISC-2/2011 DATED 22.08.2011 OF THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.B4/14597/11 DATED 27.09.2011 OF THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 25.02.2021 IN W.P.(C) NO.26460/2011 OF THIS HON'BLE COURT.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 12.03.2021 OF THE PETITIONER BEFORE THE 1ST RESPONDENT.
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