C.M.Bindu vs The State Of Kerala
2021 Latest Caselaw 21343 Ker

WP(C) NO. 23559 OF 2021          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                    WP(C) NO. 23559 OF 2021
PETITIONER:

           C.M.BINDU
           AGED 42 YEARS
           WIFE OF RAJEEV MANIKOTH, HIGH SCHOOL ASSISTANT
           (ENGLISH),
           MATTANNUR HIGH SECONDARY SCHOOL, MATTANNUR, KANNUR
           DISTRICT--670702.

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD



RESPONDENTS:

    1      THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATIONAL DEPARTMENT,
           SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

    2      THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695014.

    3      THE DISTRICT EDUCATIONAL OFFICER
           THALASSERY, KANNUR DISTRICT-670101.

    4      THE MANAGER,
           MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
           KANNUR DISTRICT-670702.

    5      THE HEADMISTRESS,
           MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
           KANNUR DISTRICT-670702.
 WP(C) NO. 23559 OF 2021               2



           SMT NISHA BOSE SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23559 OF 2021                 3




                                 JUDGMENT

The petitioner states that while she was working as UPSA in the

Mattannur Higher Secondary School, she was suspended from service from

06.09.2012 on certain allegations. The said order was interfered with by

the Government and directions were issued to reinstate the petitioner. The

petitioner states that she was reinstated, but as a punishment, two

increments were withheld. The DEO interfered with the punishment and the

Manager was directed to disburse the arrears and sanction increments. The

petitioner states that the period of suspension was regularised as leave by

the Manager in clear violation of the orders issued by the Government as

well as the DEO. In the said circumstances, the petitioner is stated to have

preferred Ext.P6 revision petition before the Government. It is in the above

circumstances that the petitioner is before this Court seeking to quash

Exhibits-P4 and P5 and for further directions.

2. Sri.M.Sajjad, the learned counsel appearing for the petitioner,

submitted that necessary directions be issued to the 1st respondent to

consider and pass expeditious orders on Exhibit-P6 revision petition within a

timeframe with due notice.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader.

4. In view of the nature of the order that I propose to pass, notice

to the party respondents are dispensed with.

5. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P6 revision petition

as per procedure and in adherence to the provisions of law,

after affording an opportunity of being heard, either physically

or virtually, to the petitioner herein or her authorised

representative as well as respondents 4 and 5.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 23559/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE G.O.

(RT)NO.30/2013/G.EDN.DATED 02.01.2013 OF THE GOVERNMENT

Exhibit P2 TRUE COPY OF THE ORDER NO.04/2012 DATED 05.01.2013 OF THE MANAGER

Exhibit P3 TRUE COPY OF THE ORDER NO.B1/1897/2021/K.DIS.DATED 06.09.2021 OF THE DEO, THALASSERY

Exhibit P4 TRUE COPY OF THE LETTER NO.92/2021-22 DATED 13.10.2021 OF THE HEADMISTRESS

Exhibit P5 TRUE COPY OF THE ORDER NO.07/2021 DATED 11.10.2021 OF THE MANAGER

Exhibit P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 18.10.2021 (WITHOUT EXHIBITS)

RESPONDENTS' EXHIBITS:

NIL