Anitha Sundaram vs The State Of Kerala
2021 Latest Caselaw 18348 Ker

WP(C) NO. 18192 OF 2021         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                    WP(C) NO. 18192 OF 2021
PETITIONER/S:

          ANITHA SUNDARAM
          AGED 45 YEARS
          WIFE OF SURESHKUMAR.N, HIGHER SECONDARY SCHOOL
          TEACHER(ZOOLOGY), T D HIGHER SECONDARY SCHOOL,
          THURAVOOR,
          THIRUMALABHAGAM.P.O, CHERTHALA, ALAPPUZHA
          DISTRICT(RESIDING AT CHAKKARATH HOUSE, MUNICIPAL
          OFFICE WARD, ALAPPUZHA-688001) (M.94479776890)

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR



RESPONDENT/S:

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

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

    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          NEAR RAILWAY STATION,P.O.CHENGANNUR,
          ALAPUZHA DISTRICT-689121.

    4     THE PRINCIPAL
          T D HIGHER SECONDARY SCHOOL., THURAVOOR.P.O,
          THIRUMALABHAGAM, CHERTHALA,
          ALAPPUZHA DISTRICT-688540.

    5     THE CORPORATE MANAGER,
          T D SCHOOLS, THURAVOOR, P.O., THIRUMALABHAGAM,
          CHERTHALA,
          ALAPPUZHA DISTRICT-688540.
 WP(C) NO. 18192 OF 2021      2



          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18192 OF 2021                3

                                    JUDGMENT

The petitioner states that while holding the post of HSST (Junior), she

was appointed as HSST in a higher scale on 3.7.2017. She contends that she

is entitled to get a pay fixed at Rs.56700/- with effect from 3.7.2017 with the

next increment on 1.11.2017 as per Ext.P5. However, by Exts.P6 and P8

orders, the petitioner was directed to refund the amount drawn in excess from

1.11.2017 onwards. Being aggrieved, she is stated to have filed Ext.P9 revision

petition before the 1st respondent. Though various other reliefs are claimed,

when the writ petition came up for consideration, the limited request of the

petitioner is for an expeditious consideration of Ext.P9 revision petition within a

time frame with due notice.

2. I have heard Sri. V.A. Muhammed, the learned counsel appearing

for the petitioner and Smt. Nisha Bose, the learned Senior Government

Pleader.

3. 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 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.P9 revision petition, as per procedure

and in strict adherence to the provisions of law. An opportunity of

being heard, either physically or virtually, shall be afforded to the

petitioner or her authorised representative and the party respondent.

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 NS

APPENDIX OF WP(C) 18192/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.ACD.C3/18115/HSE/2001 DATED 01.01.2002 OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION (PRESENTLY AS DIRECTOR OF GENERAL EDUCATION)

Exhibit P2 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DATED 26.03.2009

Exhibit P3 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DATED 31.03.2016

Exhibit P4 TRUE COPY OF THE ORDER NO.8382/C8/2019/RDD/CNGR DATED 24.10.2019 OF THE RDD HSE, CHENGANNUR

Exhibit P5 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER

Exhibit P6 TRUE COPY OF THE LETTER NO.4816/C7/2020/RDD/CNGR DATED 28.09.2020 OF THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER NO.ACD.A3/200604/2021/HSE DATED 12.07.2021 OF THE DIRECTOR

Exhibit P8 TRUE COPY OF THE LETTER NO.4816/C7/2020/RDD/CNGR DATED 26.07.2021 OF THE 3RD RESPONDENT

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 16.08.2021.

RESPONDENTS EXHIBITS:NIL