IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 32683 of 2010(I) PETITIONER(S): --------------- K.S.OMANA, RTD. PART TIME SEWING TEACHER, S.N.V.U.P.S., VALIYAKULAM, RANNI, RESIDING AT KUTTIYIL VEEDU, VALIYAKULAM, CHERUKULANJI P.O., RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA SMT.SHALEENA RAJAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PATHANAMTHITTA DISTRICT. 3. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA. 4. THE MANAGER, S.N.V.U.P.S., VALIYAKULAM, RANNI, PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 32683 OF 2010 I ------------------------------------------------------ Dated this the 8th day of November, 2010 JUDGMENT While working as Part time Sewing Teacher in S.N.V.U.P. School, Valiyakulam, Ranni, the petitioner was placed under suspension. Later, as per Ext.P1 order dated 14.11.2007 passed by the Deputy Director of Education, the period of suspension of the petitioner was directed to be treated as on duty. It was also held that the petitioner will be entitled to all the service benefits. Though the Manager filed a Revision against Ext.P1 order, the Revision was rejected as per Ext.P3 order dated 4.2.2010. As per Ext.P4 order dated 24.3.2010, the Manager requested the Assistant Educational Officer to pass appropriate orders for disbursement of the benefits to the petitioner during the period in which she was placed under suspension and which was directed to be considered as on duty. 2. The grievance of the petitioner is that the Assistant Educational Officer has not done anything in the matter and the service benefits of the petitioner during the suspension period were W.P.(C) NO.32683 OF 2010 :: 2 :: not disbursed. Pointing out the grievance, the petitioner submitted Ext.P5 representation dated 23.7.2010 before the Deputy Director of Education. Ext.P5 representation is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “(i) To issue a writ of Mandamus or any other writ or order directing the 3rd respondent to implement Ext.P1 by disbursing petitioner's service benefits for the suspension period w.e.f.12.2.2007 to 14.1.2008, treated as duty. (ii) To issue a writ of Mandamus or any other writ or order directing the 2nd respondent to consider and pass order on Ext.P5 and direct 3rd respondent to disburse petitioner's service benefits of suspension period. (iii) To pass any other writ or order as is deemed fit and proper by this Hon'ble Court in the interest of justice.” 4. The learned counsel for the petitioner submitted that, for the time being, the petitioner would be satisfied if Ext.P5 representation is directed to be considered and disposed of. W.P.(C) NO.32683 OF 2010 :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of directing the Deputy Director of Education, Pathanamthitta to consider and dispose of Ext.P5 representation dated 23.7.2010 submitted by the petitioner, as expeditiously as possible and, at any rate, within one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. (K.T.SANKARAN) Judge ahz/