Rajalekshmi K M vs The State Of Kerala
2023 Latest Caselaw 8932 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 26795 OF 2023
PETITIONERS:

    1     RAJALEKSHMI K M
          AGED 54 YEARS
          WIFE OF KRISHNAKUMAR K M HEADMISTRESS, C M M HIGHER
          SECONDARY SCHOOL, THALAKKULATHUR P O, KOZHIKODE
          DISTRICT (RESIDING AT KARTHIKA, THALAKKULATHUR P O,
          KOZHIKODE DISTRICT-673317), PIN - 673317
    2     SUMI T V
          AGED 44 YEARS
          WIFE OF SALEEM M, HIGH SCHOOL TEACHER (ARABIC) C M M
          HIGHER SECONDARY SCHOOL, THALAKKULATHUR P O, KOZHIKODE
          DISTRICT, PIN - 673317
          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, KOZHIKODE DISTRICT, PIN - 673001
    4     THE DISTRICT EDUCATIONAL OFFICER
          MANANCHIRA, KOZHIKODE DISTRICT, PIN - 673001
    5     THE MANAGER
          C M M HIGHER SECONDARY SCHOOL, THALAKKULATHUR P O,
          KOZHIKODE DISTRICT, PIN - 673317


          NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26795 OF 2023

                                         2




                              ANU SIVARAMAN, J.

                    =========================
                       W.P.(C) No.26795 of 2023
                    =========================

                    Dated this the 14th day of August, 2023

                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) i) call for the records relating to Exhibits P-4 and P-18 orders and s aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 15 Respondent to consider and pass orders on Exhibit P-19 Revision Petition within a time frame after having heard the Petitioners till then Exhibit P-18 recovery may be kept in abeyance.

iii) declare that the Petitioners are absolved from Exhibits P- 13 and P-L liability.

iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd and 4th Respondents to grant annual increment due to the Petitioners during 2021."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that the petitioners are Headmistress and HST (Arabic) of the 5 th WP(C) No.26795 OF 2023

respondent's school. They had been inflicted with a punishment

of bar on one increment without cumulative effect by Exhibit P4

order of the Deputy Director of Education, on the ground that

bogus admissions were found in the school. The petitioners have

challenged the order filing Exhibit P19 revision petition dated

01.08.2023 before the Government.

Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up Exhibit

P19 revision petition preferred by the petitioners with notice to

the petitioners as well as the 5th respondent and to pass orders

thereon after hearing them within a period of four months from

the date of a copy of this judgment. Till orders are passed as

directed above Exhibit P4 shall not be implemented as against the

petitioners.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/08 WP(C) No.26795 OF 2023

APPENDIX PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE LETTER NO. SC/04/ 2019/KKD DATED 21.02.2019 OF THE OFFICE OF THE 2ND RESPONDENT Exhibit P-2 TRUE COPY OF THE NO. SC/04/2019/KKD DATED 31.12.2019 OF THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE ORDER NO. B4/4744/18 DATED 13.02.2020 OF THE 4TH RESPONDENT Exhibit P-4 TRUE COPY OF THE ORDER NO. B5/4361/ 2019 DATED 05.10.2020 OF THE DDE, KOZHIKODE Exhibit P-5 TRUE COPY OF THE MERCY PETITION DATED 01.12.2020 SUBMITTED BY THE PETITIONERS AND ABDUL NAZAR T BEFORE THE GOVERNMENT Exhibit P-6 TRUE COPY OF THE HEARING NOTICE (LETTER NO.

L-2/76/2021/G.EDN. DATED 03.08.2021) Exhibit P-7 TRUE COPY OF THE ARGUMENT NOTES OF THE PETITIONERS AND ABDUL NAZAR T DATED NIL Exhibit P-8 TRUE COPY OF THE ARGUMENT NOTES DATED 17.04.2021 OF THE HEADMASTER Exhibit P-9 TRUE COPY OF THE SSLC OF MUHAMMED SHAMMAS P Exhibit P-10 TRUE COPY OF THE SSLC OF VISHNU T V Exhibit P-11 TRUE COPY OF THE G.O. (RT.) NO.

4808/2021/G.EDN DATED 26.10.2021 Exhibit P-12 TRUE COPY OF THE G.O. (RT.) NO.

2781/2021/G.EDN DATED 14.05.2021 Exhibit P-13 TRUE COPY OF THE LETTER NO. L-2/177/ 2022/G.EDN DATED 05.12.2022 OF THE GOVERNMENT Exhibit P-14 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

MGR.05/22-23 DATED 30.12.2022 OF THE MANAGER Exhibit P-15 TRUE COPY OF THE REPLY DATED 10.01.2023 OF THE 1ST PETITIONER Exhibit P-16 TRUE COPY OF THE REPLY DATED 10.01.2023 OF THE 2ND PETITIONER Exhibit P-17 TRUE COPY OF THE ORDER NO. MGR.05/22-23 DATED 06.03.2023 OF THE MANAGER Exhibit P-18 TRUE COPY OF THE ORDER NO. B5/4361/ 2019 DATED 11.07.2023 OF THE DDE, KOZHIKODE Exhibit P-19 TRUE COPY OF THE COMBINED REVISION PETITION DATED 01.08.2023 SUBMITTED BEFORE THE GOVERNMENT