Chinchu P R vs The State Of Kerala
2022 Latest Caselaw 11627 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                       WP(C) NO. 41533 OF 2022


PETITIONER:

          CHINCHU P R, AGED 32 YEARS, WIFE OF S. SARATHLAL,
          LOWER PRIMARY SCHOOL TEACHER, KOMALAVILASAM LOWER
          PRIMARY SCHOOL, PADAYANIPPARA, PATHANAMTHITTA
          DISTRICT-689 662.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENTS:

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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DISTRICT EDUCATIONAL OFFICER
          CIVIL STATION, PATHANAMTHITTA-689 645.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          PATHANAMTHITTA-689 645.

    5     THE HEADMASTER, KOMALAVILASAM L P SCHOOL,
          PADAYANIPPARA, PATHANAMTHITTA DISTRICT-689 662.


          SMT.NISHA BOSE -SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 41533/22
                                    2




                            JUDGMENT

The petitioner impugns Ext.P10 order, through which, her lien

has been rearranged and recovery ordered; but concedes that she has

already preferred Ext.P13 Statutory Revision - under the provisions of

Chapter XIV A Rule 92 of the Kerala Education Rules, 1959 - before

the Government. She thus alternatively prays that same be directed to

be taken up and disposed of, within a time frame to be fixed by this

Court.

2. In response, Smt.Nisha Bose - learned Senior Government

Pleader appearing on behalf of the official respondents, submitted

that if the petitioner only requires Ext.P13 Revision to be taken up

and disposed of in terms of law, there does not appear to be any

legal impediment in doing so; but prayed that this Court may not

make any affirmative declarations on the entitlement of the petitioner

to any relief and leave it to the competent Authority to take a final

decision as per law.

Resultantly, I order this Writ Petition and direct the competent WPC 41533/22

Authority of the 1st respondent to take up Ext.P13 Revision of the

petitioner and dispose it of, after affording her, as also the 5 th

respondent, an opportunity of being heard; thus culminating in an

appropriate order and necessary action thereon as expeditiously as is

possible, but not later than four months from the date of receipt of a

copy of this judgment.

Until such time as the afore exercise is completed and resultant

order communicated to the petitioner, all action to recover amounts

from her pursuant to Ext.P10 will stand deferred.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 41533/22


                 APPENDIX OF WP(C) 41533/2022

PETITIONER EXHIBITS
Exhibit P1          THE COPY OF THE APPOINTMENT ORDER OF THE

PETITIONER DATED 14-12-2016 AND APPROVAL RECORDED THEREON.

Exhibit P2 TRUE COPY OF THE LETTER NO C/2361/2020 DATED 02.11.2020 OF THE AEO.

Exhibit P3 TRUE COPY OF THE NOTICE ALONG WITH EXHIBIT P-2.

Exhibit P4 TRUE COGY OF THE REPLY OF THE HEADMISTRESS DATED 12.11.2020.

Exhibit P5 TRUE COPY OF THE LETTER NO. C/2361/2020 DATED 18.11.2020 OF THE AEO.

Exhibit P6 TRUE COPY OF THE STAFF FIXATION ORDER 2017-2018 DATED 12-07-2017 OF THE AEO. Exhibit P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE DIRECTOR DATED 30.12.2020 (WITHOUT EXHIBITS).

Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

27847/2020 JARED 15.12.2020.

Exhibit P9 TRUE COPY OF THE ORDER NO.

F3/574/2021/DGE/K.DIS. DATED 19.02.2021 OF THE ADDITIONAL DIRECTOR (ACADEMIC). Exhibit P10 TRUE COPY OF THE LETTER NO. C/2361/ 20 DATED 02.02.2022 OF THE AEO.

Exhibit P11 TRUE COPY OF THE REPLY OF THE HEADMISTRESS OF THE SCHOOL DATED 16.04.2022.

Exhibit P12 TRUE COPY OF THE ORDER NO. B1/420/2021 DATED 25.09.2021 OF THE DEO.

Exhibit P13 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 22.01.2022. Exhibit P14 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

30727/2017 DATED 03-10-2017.

Exhibit P15 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

37343/2017 DATED 18.12.2017.

Exhibit P16 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

22304/2018 DATED 04.07.2018.