Sulaja Kunnumma vs The State Of Kerala
2023 Latest Caselaw 1798 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         WP(C) NO. 3279 OF 2023
PETITIONER:

          SULAJA KUNNUMMA
          AGED 47 YEARS
          D/O K VIJAYN,
          HSA (SOCIAL STUDIES), IRITTY HIGHER SECONDARY SCHOOL,
          PRESENTLY RESIDING AT KUNNUMMAL (H),
          PARIYARAM, KOLARI (P.O),
          MATTANUR
          KANNUR (DIST.), PIN - 670702
          BY ADVS.
          V.V.NANDAGOPAL NAMBIAR
          DHEERAJ KRISHNAN PEROT
          SMITHA (EZHUPUNNA)
          CHITRA JOHNSON
          K.L ANGEL MARY


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR GENERAL OF EDUCATION
          JAGATHI, THINRVANANTHAPURAM - 695014
    3     DEPUTY DIRECTOR OF EDUCATION
          PUZHATHI HOUSING COLONY, KANNUR DISTRICT - 670002
    4     THE DISTRICT EDUCATIONAL OFFICER (DEO)
          PALISSERY, THALASSERY, PIN - 670104
          BY ADV
          SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3279 OF 2023
                                 2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
               W.P.(C)No. 3279 of 2023
      ----------------------------------------------
     Dated this the 01st day of February, 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(I) Call of records leading to Exhibit P1 and quash the same on the issue of writ of Certiorari.

(II) To declare that Exhibit P8 smacks of malafides and is illegal, arbitrary and is liable to be set aside.

(III) Set aside Exhibit P1 and P8 for want of proper application of mind and declare this as violative of principles of natural justice.

(IV) To issue such other writ of Mandamus, directing the 1st respondent to consider the claim of the petitioner raised by Exhibit P9 Revision Petition after affording an opportunity of personal hearing within a reasonable time frame that deem fit to this Hon'ble Court in the background of the matter, (V) This Hon'ble Court may be pleased to dispense with production of translation of Malayalam documents."[SIC]

2. The writ petition is filed challenging Exts.P1 WP(C) NO. 3279 OF 2023

and P8. The petitioner filed Ext.P9 revision against the

same before the 1st respondent. The grievance of the

petitioner is that the same is not considered by the 1 st

respondent and in the meanwhile, recovery based on

Ext.P8 is going to be taken by the authorities. Hence

this writ petition is filed.

3. Heard counsel appearing for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think there can be a

direction to the 1st respondent to consider Ext.P9

revision, within a time frame and till final orders are

passed in the revision, the recovery against the

petitioner based on Ext.P8 can be kept in abeyance.

Therefore, this writ petition is disposed of in the

following manner:

i. The 1st respondent is directed to consider

and pass appropriate orders in Ext.P9 revision, as

expeditiously as possible, at any rate, within a period

of four months from the date of receipt of a copy of

this judgment.

WP(C) NO. 3279 OF 2023

ii. Before passing final orders, the 1st

respondent will give an opportunity of hearing to the

petitioner.

iii. Till final orders are passed in Ext.P9, all

recovery proceedings against the petitioner based on

Ext.P8 shall be kept in abeyance.

iv. Petitioner will produce a copy of the writ

petition along with a certified copy of this judgment

before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 3279 OF 2023

APPENDIX OF WP(C) 3279/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT WITH NO.

RA(3)/37614/19 DGE DATED 19/08/2020 EXHIBIT P2 THE TRUE COPY OF THE CHARGE MEMO WITH NO. B1/24479/2018 DATED 26/05/2021 EXHIBIT P3 THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 08/06/2021 EXHIBIT P4 TRUE COPY OF THE COMMON ORDER WITH NO. B1/24479/2018 DATED 28.12.2021 ISSUED BY 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 17.01.2022 EXHIBIT P6 THE TRUE COPY OF THE ORDER WITH NO.

B4/2335/2022 DATED 04.05.2022 EXHIBIT P7 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 20.06.2022 EXHIBIT P8 TRUE COPY OF THE FINAL ORDER PASSED BY THE 3RD RESPONDENT NO B1/24478/2018 DATED 15/12/2022 EXHIBIT9 THE TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER DATED 11.01.2023 BEFORE THE 1ST RESPONDENT

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE