Kerala High Court
(U) vs Smt. Elsamma Mathew on 19 June, 2020
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
WP(C).No.12089 OF 2020(I)
PETITIONER
SMT. ELSAMMA MATHEW, D/O P.MATHAI,
(C/O SUPERIOR GENERAL),
ST. ANNE'S VISITATION CONVENT,
KOTTAYAM - 686 001.
(CLERK ST. ANNE'S GIRLS HIGHER SECONDARY SCHOOL,
KOTTAYAM - 686 001)
RESPONDENT/S:
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2. THE DIRECTOR GENERAL OF EDUCATION (FORMERLY
DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICER OF THE
DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM 695 014.
3. THE DEPUTY DIRECTOR (EDUCATION)
OFFICE OF THE DEPUTY DIRECTOR (EDUCATION)
KOTTAYAM - 686 001.
4. THE CORPORATE MANAGER, EDUCATIONAL AGENCY OF
SCHOLL DIOCESE, CHAITHANYA PASTORAL CENTRE,
THELLAKOM P.O., KOTTAYAM 686 630.
R1 TO R3 BY GP- NIHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.06.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is presently working as Clerk in St. Anne's Girls Higher Secondary School, Kottayam. She entered into service on 01.11.1990. She is due to retire from service, on attaining the age of superannuation, on 31.03.2021. She was granted three higher grades on completion of 10, 16 and 22 years of service. The 3 rd respondent has objected to the same as per Ext.P4 and directed re-fixation of higher grades and recovery of excess amount drawn by the petitioner.
2. Aggrieved by the stand of the 3rd respondent, the petitioner has preferred Ext.P8 revision under Section 92 of Chapter XIV A of the Kerala Education Rules before the 1st respondent. The petitioner prays for an expeditious consideration of Ext.P8 and until such time, all further coercive proceedings pursuant to Ext.P4 to be kept in abeyance.
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3. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 to
3. In view of the limited relief that I propose to grant, I dispense with notice to the 4th respondent.
4. The learned counsel for the petitioner reiterated the contentions pleaded in the writ petition. He prayed that the 1st respondent may be directed to consider and dispose of Ext.P8 within a time frame. The learned Government Pleader did not object to the prayer for an expeditious consideration of Ext .P4.
5. Considering the averments pleaded in the writ petition and after hearing the learned counsel for both sides and also taking into consideration the fact that Ext.P8 is pending before the 1st respondent, without going into the merits of the dispute, I deem it appropriate to direct the 1st respondent to consider and dispose of Ext.P8, in accordance with law, within a period of three months from the date of receipt of a copy of this WP(C).No.12089 OF 2020(I) ..4..
judgment. The 1st respondent shall afford the petitioner or her representative an opportunity of being heard before passing orders on Ext.P8. The petitioner is at liberty to produce a copy of this judgment along with a copy of the memorandum of writ petition before the Ext.P8. It is made clear that until a decision is taken on Ext.P8, coercive proceedings, if any proposed pursuant to Ext.P4, shall be kept in abeyance.
This writ petition is ordered accordingly.
Sd/-
kkj C.S.DIAS,
JUDGE
WP(C).No.12089 OF 2020(I)
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APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O. (MS) NO.96/73/EDN. DATED 22.06.1973 ISSUED BY RESPONDENT NO.1 EXT.P2: TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O. (MS) NO.216/14/192 FIN DATED 11.06.2014 ISSUED BY RESPONDENT NO.1 EXT.P3: TRUE COPY OF THE JUDGMENT DATED 23.06.2016 PASSED BY THIS HON'BLE COURT IN WP(C) NO.4361 OF 2012 (U).
EXT.P4: TRUE COPY OF THE RELEVANT PORTION OF AUDIT OBJECTION DATED 13.07.2017 IN RESPECT OF THE PETITIONER MADE BY RESPONDENT NO.3 EXT.P5: TRUE COPY OF RULING OF THE HONOURABLE APEX COURT-STATE OF PUNJAB AND OTHERS V. RAFIQ MASIH (WHITE WASHER-2014 KHC 4818) EXT.P6: TRUE COPY OF THE RULING OF THIS HONOURABLE COURT KASARAGOD DISTRICT CO-OPERATIVE BANK LTD EXT.P7: TRUE COPY OF THE GOVERNMENT ORDER BEARING NO,675/2017 DATED 15.03.2017 ISSUED BY RESPONDENT NO.1. EXT.P8: TRUE COPY OF THE STATUTORY REVISON PETITION DATED 06.05.2020 UNDER RULE 92 OF CHAPTER XIV A KER SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.