IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12009 of 2009(U) ------------------------------------ PETITIONER(S): ------------------------ A.V. SUBAIDA, W/O. HUSAIN, AGED 56 YEARS, RETIRED HEADMISTRESS, A.M.U.P SCHOOL, AKALAD, (RESIDING AT SWASTHIKA, MANNALAMKUNNU, THRISSUR - 680 518) BY ADV.MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR FO PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM -14. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THIRSSUR DISTRICT. BY GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.12009 of 2009 ===================== Dated this the 8th day of April, 2009. JUDGMENT Heard Sri. V.A.Muhammed, the learned counsel appearing for the petitioner and Sri. T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. While she was working as Headmaster in A.M.U.P.S. School, she attained the age of superannuation on 30.6.2007. The petitioner's grievance is that her death-cum- retirement gratuity has not so far been disbursed. Long after she retired, Ext.P4 liability certificate was issued fixing the sum of Rs.670735/- as her liability. The petitioner summits that aggrieved thereby she has filed Ext.P5 appeal before the Secretary to Government, General Education Department. In this Writ Petition, the petitioner challenges Ext.P4 and inter alia prays for a direction to the Government to consider Ext.P5 appeal and pass orders thereon within a time limit to be fixed by this Court. 3. The pleadings disclose that the petitioner retired from service on 30.6.2007. Nearly two years have passed thereafter. A substantial portion of the amount fixed as the petitioner's liability represents the salary and allowances paid to five protected teachers during the period 2006-2007. The question whether as the Headmaster of the school where WP(C) 12009/09 -: 2 :- the protected teachers had worked, the petitioner should be held liable for the emoluments paid to them is primarily a matter for the Government to decide. The petitioner had already invoked the jurisdiction of the Government by submitting Ext.P5 appeal. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider Ext.P5 appeal and pass orders thereon within three months from the date on which the petitioner produces a copy of this Writ Petition along with a certified copy of this judgment. Before final orders are passed on Ext.P5, the petitioner and the Manager of the school concerned shall be given a reasonable opportunity of being heard. It will be open to the petitioner to supplement Ext.P5 by filing an additional representation setting out her claims and contentions. P.N.Ravindran, Judge. ess