Saraswathy R vs State Of Kerala
2024 Latest Caselaw 12575 Ker

Kerala High Court

Saraswathy R vs State Of Kerala on 21 May, 2024

WPC.No.17990/2024                 1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                     WP(C) NO.17990 OF 2024
PETITIONER:

           SARASWATHY R,
           AGED 59 YEARS,
           W/O.GURUVAYURAPPAN, RETD. HSA(SS), K.K.M.H.S.S,
           VANDITHAVALAM, RESIDING AT AJITH NIVAS, BEHIND
           MUNICIPAL LIBRARY, CHITTUR (P O), PALAKKAD,
           PIN - 678 101.

           BY ADV.U.BALAGANGADHARAN



RESPONDENTS:

     1     STATE OF KERALA,
           REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695 001.

     2     THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHHAPURAM, PIN - 695 014.

     3     THE DEPUTY DIRECTOR OF EDUCATION [ D.D.E.],
           CIVIL STATION, ROBINSON ROAD, PALAKKAD, PIN - 678
           001.

     4     DISTRICT EDUCATIONAL OFFICER [ D.E.O.],
           CIVIL STATION, ROBINSON ROAD, PALAKKAD, PIN - 678
           001.

     5     THE MANAGER, K.K.M.H.S.S,
           VANDITHAVALAM, PALAKKAD, PIN - 678 001.
 WPC.No.17990/2024                      2



     6       HEADMASTER,
             K.K.M.H.S.SCHOOL VANDITHAVALAM,
             PALAKKAD, PIN - 678 101.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.No.17990/2024                    3

                            JUDGMENT

The petitioner who was retired as H.S.T.(Social Science) from

K.K.M.H.S.S, Vandithavalam, Palakkad on 30.06.2021 has

approached this Court being aggrieved by the withholding of a

portion of DCRG to the tune of Rs.86,485/-. Ext.P3 is the liability

certificate issued in this regard, which was acted upon. As against

the same, the petitioner submitted Ext.P8 appeal, which is now

pending before the 2nd respondent. The limited prayer sought by

the petitioner is for a direction to consider and pass orders on

Ext.P8 within a time frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this writ

petition. Accordingly, it is ordered that the 2 nd respondent shall

take up Ext.P8 and appropriate orders thereon shall be passed

after hearing the petitioner. Orders in this regard shall be passed

within a period of two months from the date of receipt of a copy of

this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/21.5.24

APPENDIX OF WP(C) 17990/2024

PETITIONER EXHIBITS

Exhibit P 1 A TRUE COPY OF JUDGMENT IN W.P.[C] NO 9068/2022 DATED 20.6.2023

Exhibit P 2 A TRUE COPY OF COVERING LETTER DATED 10.11.2023 ISSUED BY THE D.D.E., PALAKKAD

Exhibit P 3 A TRUE COPY OF LIABILITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT

Exhibit P 4 A TRUE COPY OF THE NOTICE OF THE SECOND RESPONDENT DATED 22.7.2020

Exhibit P 5 A TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 3.9.2021

Exhibit P 6 A TRUE COPY OF LETTER OF THE D.E.O., PALAKKAD TO THE 3RD RESPONDENT DATED 9.11.2023

Exhibit P 7 A TRUE COPY OF JUDGEMENT IN KISHORE V G V. STATE OF KERALA [ W.A. NO. 2552 OF 2015 DATED 13.8.2019

Exhibit P 8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.12.2023