Bindu C.R vs The State Of Kerala
2022 Latest Caselaw 6326 Ker

Citation : 2022 Latest Caselaw 6326 Ker
Judgement Date : 3 June, 2022

Kerala High Court

Bindu C.R vs The State Of Kerala on 3 June, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(C) NO. 17944 OF 2022
PETITIONER/S:

            BINDU C.R
            AGED 50 YEARS
            WIFE OF VIVEKANANDAN NAIR,
            LOWER PRIMARY SCHOOL ASSISTANT (LPSA),
            MEERAN PILLAI MEMORIAL LOWER PRIMARY SCHOOL, KILLY,
            KATTAKKADA, THIRUVANANTHAPURAM-695 572
            (RESIDING AT REVATHI, VAZHAPPILLY, KUTTIKKAL
            THIRUVANANTHAPURAM DISTRICT)
            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD


RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL 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,
            KILLIPPALAM, P.O. CHALAI, THIRUVANANTHAPURAM-695 036.

    4       THE ASSISTANT EDUCATIONAL OFFICER,
            KATTAKKADA, THIRUVANANTHAPURAM-695 572.

    5       THE MANAGER,
            MEERAN PILLAI MEMORIAL LOWER PRIMARY SCHOOL, KILLY,
            KATTAKKADA, THIRUVANANTHAPURAM-695 572 (EX-OFFICIO
            MANAGER, ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA,
            THIRUVANANTHAPURAM-695 572).

    6       SMT. SHEELA.K.S.,
            HEADMISTRESS (RETIRED), MEERAN PILLAI MEMORIAL LOWER
            PRIMARY SCHOOL, KILLY, KATTAKKADA,
            THIRUVANANTHAPURAM-695 572
 WP(C) NO. 17944 OF 2022           2

             (RESIDING AT NIRMALYAM, MALAYINKEEZHU,
             THIRUVANANTHAPURAM-695 571).

     7       SMT. HYRUNNIZA.A.,
             HEADMISTRESS, MEERAN PILLAI MEMORIAL LOWER PRIMARY
             SCHOOL, KILLY, KATTAKKADA,
             THIRUVANANTHAPURAM-695 572.



           SRI PREMCHAND R NAIR, SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.06.2022,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17944 OF 2022       3




                          JUDGMENT

The petitioner contends that she commenced regular

service in Meeran Pillai Memorial Lower Primary School as an

LPSA from 15.7.2000 onwards. Her grievance in this writ

petition is that under the pretext of implementing Ext.P2 order

issued by the 2nd respondent, directions have been issued to

the Headmistress of the school that the salary paid to three

teachers including the petitioner should be recovered. The

petitioner contends that challenging the said order, the

petitioner herein has preferred Ext.P4 revision petition before

the 1st respondent. Though various other prayers are sought

for in this writ petition, when the matter came up for

consideration, the learned counsel appearing for the petitioner

submits that the petitioner would be satisfied if the 1st

respondent is directed to consider Ext.P4 in an expeditious

manner.

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

appearing for the petitioner and Sri.Premchand R. Nair, the

learned Senior Government Pleader.

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

pass, notice to the party respondents 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.P4, after affording an

opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and the respondents 5 to 7.

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. Until orders are passed in Ext.P4 revision

petition, recovery proceedings, if any initiated

against the petitioner pursuant to Exhibit P1 to P3,

shall be kept in abeyance.

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.