Kerala High Court
Tessy Elizabeth Abraham vs State Of Kerala on 10 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
WP(C) NO. 35853 OF 2015
PETITIONER/S:
TESSY ELIZABETH ABRAHAM
AGED 29 YEARS,D/O ABRAHAM,
WORKING AS H.S.A(ENGLISH),
ST. STEPHEN'S HIGHER SECONDARY SCHOOL, PATHANAPURAM,
KOLLAM DISTRICT-689 695,RESIDING AT KOLLAKUNNEL HOUSE,
MALLAPPALLY WEST PO, PATHANAMTHITTA DIST. 689 587
BY ADVS.
SRI.V.PHILIP MATHEW
SRI.JEPH JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECREETARIAT,THIRUVANANTHAPRUAM-695 001
2 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHPURAM-695 014
4 THE JOINT DIRECTOR FO PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHPURAM-695 014
5 THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM-691 001
6 THE DISTRICT EDUCATIONAL OFFICER
PUNALUR-691 305
7 THE HEAD MASTER
ST. STEPHEN'S HIGHER SECONDARY SCHOOL,PATHANAPURAM,
KOLLAM DISTRICT-689 695
8 THE CORPORATE MANAGER
CORPORATE MANAGEMENT OF SCHOOLS,SOCIETY OF THE ORDER OF
SACRED TRANSFIGURATION,MOUNT TABOR, PATHANAMPURAM
PO,KOLLAM DISTRICT-689 695
BY ADVS.
GOVERNMENT PLEADER
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
W.P.(C). No. 35853 of 2015
2
SRI.KURIAN GEORGE KANNANTHANAM SR.
SRI.TONY GEORGE KANNANTHANAM
OTHER PRESENT:
SR.GP SMT NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C). No. 35853 of 2015
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 35853 of 2015
----------------------------------------------
Dated this the 10th day of February, 2023
JUDGMENT
The above writ petition is filed with following prayers.
i. Issue a writ of certiorari or other appropriate writ or
order quashing Exhibits P3, P4, P11, P13 and P16.
ii. Issue a writ of mandamus or other appropriate writ or
order directing respondents not to withhold the salary
and allowances of the petitioner and not to take any
steps to recover the salary and allowances paid to the
petitioner.
iii. Issue a writ of mandamus or other appropriate writ or
order directing respondents 2 to 6 to keep Exhibits P3,
P4, P11, P13 and P16 in abeyance till the disposal of
Exhibit P17 revision petition.
iv. Issue a writ of mandamus or other appropriate writ or
order directing the first respondent to dispose of Exhibit
P17 within a time limit to be specified by this
W.P.(C). No. 35853 of 2015
Honourable Court and not to implement Exhibits P3, P4,
P11, P13 and P16 till disposal of Exhibit P17.
v. Grand just and proper reliefs to the petitioner
considering the prayers made at the time of hearing the
Writ Petition.
2. When this writ petition came up for consideration, the
counsel for the petitioner submitted that the petitioner will be
satisfied if a direction is issued to the 1 st respondent, the
Government to consider the Ext.P17 within a time frame and till
then the interim order already granted may be extended.
Therefore this writ petition is disposed of on the following
directions:-
i. The first respondent is directed consider and pass
appropriate orders in Ext.P17 as expeditiously as
possible at any rate within four months from the date of
receipt of copy of this judgment after giving an
opportunity of hearing to the petitioner.
ii. All recovery steps based on Exts. P3, P4, P11, P13 and
P16 are deferred till final orders are passed in Ext. P17.
W.P.(C). No. 35853 of 2015
iii. The petitioner will produce a copy of this writ petition
along with a certified copy of this judgment before the
1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
SM JUDGE
W.P.(C). No. 35853 of 2015
APPENDIX OF WP(C) 35853/2015
PETITIONER EXHIBITS
EXT.P1: COPY OF THE APPOINTMENT ORDER DT.
28/7/11 ISSUED BYT EH 8TH RESPONDENT TO THE
PETITIONER
EXT.P2: COPY OF THE PROCEEDINGS OF THE 8TH
RESPONDENT DT. 28/7/11
EXT.P3: COPY OF THECOMMUNICATION DT.
18/5/13 SEND BY THE 6TH RESPONDENT TO THE
7TH RESPONDENT
EXT.P4: COPY OF THERELEVANT PAGE OF AUDIT
OBJECTION AGAINST THE PETITIONER
EXT.P5: COPY OF THEPROCEEDINGS//ORDER OF
THE 6TH RESPONDENT DT. 13/8/10 IN RRESPECT
OF SANCTIONING DIVISIONS AND ESTABLISHMENT
TO ST. STEPHJENS HSS, PATHANAPURAM
EXT.P6: COPY OF THEPROCEEDINGS//ORDER OF
THE 6TH RESPONDENT DT. 16/8/11 IN RRESPECT
OF SANCTIONING DIVISIONS AND ESTABLISHMENT
TO ST. STEPHJENS HSS, PATHANAPURAM
EXT.P7: COPY OF G.O(P) NO. 199/11/G.EDN DT.
1/10/11
EXT.P8: COPY OF THE REPLY SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT
EXT.P9: COPY OF THE NOTICE NO. B1/583/13
DT. 28/10/14 ISSUED BY THE 6TH RESPONDENT
EXT.P10: COPY OF THE REPLY DT. 11/11/14
SUBMITTED BY THE PETITIONER BEFOR THE 6TH
RESPONDNET
EXT.P11: COPY OF COMMUNICATION NO.
OA2(4)5235/13 DT. 8/5/15 ISSUED BY THE 5TH
RESPONDENT
EXT.P12: COPY OF REVISION PETITION FILED BY
THE PETITIONER
EXT.P13: COPY OF THE NOTICE NO. B1/583/13
DT. 20/6/15 ISSUED BY THE 6TH RESPONDENT
EXT.P14: COPY OF THE JUDGMENT DT. 27/7/15
IN WPC 22521/15 PASSED BY THIS HON'BLE
COURT
EXT.P15: COPY OF THE ARGUMENT NOTE, HANDED
OVER TO THE PETITIONER BY HER COUNSEL WHO
APPEARED BEFORE THE 4TH RESPONDENT
EXT.P16: COPY OF THE ORDER NO, E.T.
(1)/46777/15/D.P.I/K.DIS DT. 26/10/15
PASSED BY THE 3RD RESPONDENT
W.P.(C). No. 35853 of 2015
EXT.P17: COPY OF RIVISION FILED BY THE
PETITIOENR BEFORE THE SECRETARY TO THE
GOVERNMENT, DEPATMENT OF GENERAL EDUCATION
EXT.P18: COPY OF THE POSTAL RECEIPTS DT.
19/11/15 ISSUED WHILE SENDING THE REVISION
PETITION
EXT.P19: COPY OF THE ORDER DT. 11/12/14
RELATING TO PAYMENT OF SALARY AND ALLOWNCES
TO ANOTHER TEACHER BY NAME AISWARYA . V.
NAIR
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
