Sasiprabha S vs The State Of Kerala
2022 Latest Caselaw 9083 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                   WP(C) NO. 22903 OF 2022
PETITIONER:

             SASIPRABHA S.
             AGED 58 YEARS
             WIFE OF SASIDHARAN, JUNIOR SANSKRIT TEACHER (RETIRED),
             NARENDRA DEV MEMORIAL UPPER PRIMARY SCHOOL, VAYALA,
             KOTTAYAM DISTRICT-686 557 (RESIDING AT SANTHY BHAVAN,
             VADAKKEKARA, CHELIKUZHI POST, PALAZHY,
             KOLLAM DISTRICT-691 556).

             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 DEPUTY DIRECTOR OF EDUCATION,
             PATHANAMTHITTA @ THIRUVALLA-689 101.

     4       THE ASSISTANT EDUCATIONAL OFFICER,
             ADOOR, PATHANAMTHITTA DISTRICT-691 523.

     5       THE CORPORATE MANAGER,
             CORPORATE EDUCATIONAL AGENCY OF CATHOLIC SCHOOLS,
             PUNALUR, KOLLAM DISTRICT-691 305.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.22903 of 2022            2




                                   JUDGMENT

The petitioner, rendered service as a Junior Sanskrit Teacher in the

Narendra Dev Memorial Upper Primary School and attained superannuation on

31.03.2020. The petitioner has approached this Court challenging the orders

passed by the respondents directing the petitioner to refund the salary

received by her from 15.07.2019 to 31.10.2019 and also with regard to non

receipt of her salary for the period from November 2019 to March 2020 and

also the DCRG. The petitioner contends that narrating her grievances, she

has preferred Ext.P8 revision petition before the Government. Prayer in this

writ petition is for a direction to the 1st respondent to consider Ext.P8 and

take a decision expeditiously.

2. I have heard Sri.M.Sajjad, the learned counsel appearing for the

petitioner and Smt.Nisha Bose, the learned senior Government Pleader.

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

the 5th respondent 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

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.P8, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and the 5th respondent.

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

any event, within 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 IAP

APPENDIX OF WP(C) 22903/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 16.07.2019 OF THE AEO, ADOOR.

Exhibit P2 TRUE COPY OF THE APPEAL FILED BY THE CORPORATE MANAGER BEFORE THE DDE, PATHANAMTHITTA DATED 30.07.2019.

Exhibit P3 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE CORPORATE MANAGER DATED 09.12.2019.

Exhibit P4 TRUE COPY OF THE ORDER NO. RA(4)/ 75143/2020/DGE/D.DIS. DATED 10.02.2021 OF THE JOINT DIRECTOR (ACADEMIC) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER NO. C/5439/ 2019 DATED 30.11.2019 OF THE AEO, ADOOR ALONG WITH TYPED COPY.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE AEO, ADOOR.

Exhibit P7 TRUE COPY OF THE LETTER NO. C/1834/ 2021 DATED 25.03.2022 OF THE AEO, ADOOR.

Exhibit P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 08.04.2022.

Exhibit P9 TRUE COPY OF THE G.O. (RT.) NO.

4104/2021/G.EDN. DATED 16.09.2021 OF THE GOVT.

Exhibit P10 TRUE COPY OF THE G.O. (RT.) NO.

3043/2021/G.EDN. DATED 17.06.2021 OF THE GOVT.

RESPONDENTS' EXHIBITS : NIL