Bindu K vs State Of Kerala
2022 Latest Caselaw 8221 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

                  WP(C) NO. 21567 OF 2022

PETITIONER/S:

    1      BINDU K
           AGED 42 YEARS
           WIFE OF BABU, HIGH SCHOOL TEACHER (URDU),
           RAMAR NAMBIAR MEMORIAL HIGHER SECONDARY SCHOOL,
           NARIPPATTA, CHEEKKONNU WEST,
           VADAKARA-673 507 KOZHIKODE DISTRICT

    2      SINDHU E
           AGED 45 YEARS,
           WIFE OF AJI, SEWING TEACHER,
           RAMAR NAMBIAR MEMORIAL HIGHER SECONDARY SCHOOL,
           NARIPPATTA, CHEEKKONNU WEST, VADAKARA-673 507,
           KOZHIKODE DISTRICT

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD

RESPONDENT/S:

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

    2      THE DEPUTY DIRECTOR OF EDUCATION,
           CIVIL STATION, MALAPARAMBA, KOZHIKODE-673 001

    3      THE DISTRICT EDUCATIONAL OFFICER,
           VADAKARA, KOZHIKODE DISTRICT-673 101.

    4      THE MANAGER,
           RAMAR NAMBIAR MEMORIAL HIGHER SECONDARY SCHOOL,
           NARIPPATTA, CHEEKKONNU WEST, VADAKARA - 673507,
           KOZHIKODE DISTRICT.
 WP(C) NO. 21567 OF 2022

                             2



    5      THE PRINCIPAL,
           RAMAR NAMBIAR MEMORIAL HIGHER SECONDARY SCHOOL,
           NARIPPATTA, CHEEKKONNU WEST, VADAKARA - 673507,
           KOZHIKODE DISTRICT.

           SRI PREMCHAND R NAIR, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 21567 OF 2022

                                     3


                               JUDGMENT

The petitioners contend that they are presently working as High

School Assistant (Urdu Part-time) and Sewing Teacher respectively, in

Ramar Nambiar Memorial Higher Secondary School, Narippatta. They are

continuing in service with approval and pay and allowances in the

sanctioned posts. They contend that the 2nd respondent has now raised

an audit objection and directed the petitioners to refund the annual

increments paid to them for the reason that the petitioners have not

cleared K-TET. Petitioners assert that challenging the said order, they have

preferred Exhibit P7 Revision Petition before the 1st respondent, which is

stated to be pending. In the said circumstances, they have approached this

Court seeking issuance of directions to the 1st respondent to expeditiously

consider Exhibit P7 and take a decision thereon.

2. Heard Sri. V. Rajasekharan Nair, the learned counsel appearing for

the petitioner and the learned Government Pleader.

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

respondents 4 and 5 is dispensed with.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and WP(C) NO. 21567 OF 2022

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.P7 after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorised representatives and the 4th 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) Until orders are passed, recovery proceedings initiated against the petitioners on the strength of the impugned order shall remain stayed.

d) It would be open to the petitioners 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

avs WP(C) NO. 21567 OF 2022

APPENDIX OF WP(C) 21567/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 02.06. 2014.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE ORDER NO. K.DIS.B2/ 3888/2019 DATED 29.06.2020 OF THE DEO, VADAKARA

Exhibit P3(a) TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 1 PETITIONER C(PAGE NO 27 & 28 OF THE SERVICE BOOK).

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 14.07.2014

Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 2ND PETITIONER.

Exhibit P6 TRUE COPY OF THE LETTER NO.

AWII(2)/497740/2020 DATED 24.05.2022 OF THE DDE, KOZHIKODE

Exhibit P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10.06.2022

Exhibit P8 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.

7115 OF 2010 DATED 02.05.2022 OF THE HON'BLE SUPREME COURT OF INDIA

Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

12803/2021 DATED 12.01.2022

Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN W.P. (C) NO. 4460/2022 DATED 10.02.2022.