IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 1358 of 2011(T) ------------------------- PETITIONER(S): --------------- NANDINI.M, AGED 52 YEARS, W/O. ASOKKUMAR.K.V, RESIDING AT AMBADI, LIBERTY STREET, PATTAMBI - 679 303, NOW WORKING AS HEADMISTRESS, A.U.P.S, EZHUMANGAD, ARANGOTTUKARA.P.O, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. ASSISTANT EDUCATIONAL OFFICER, THRITHALA, THRITHALA.P.O - 679 534, PALAKKAD DISTRICT. 4. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 678 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1358/2011-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of January, 2011 J U D G M E N T The petitioner is the Headmistress of A.U.P School, Ezhumangad in Palakkad District. There was a super check in the school on 24/09/2008. It resulted in an order directing recovery against the petitioner being the salary paid to two teachers who were appointed pursuant to staff fixation. Ext.P2 is the said order. Challenging Ext.P2 order, the petitioner has filed Ext.P3 appeal before the Government. It is stated that the appeal is still pending and has not been disposed of. Presently, the petitioner is aggrieved by Ext.P6 communication addressed to the petitioner directing remittance of the amount disputed. 2. Since the appeal is pending before the Government and as the petitioner is aggrieved by the direction for remitting the amount, it is only proper that the appeal is disposed of within a time limit and the recovery is also stopped in the meanwhile. 3. Therefore, there will be a direction to the Government to take a decision on Ext.P3 appeal within a W.P.(C). No.1358/2011 -:2:- period of six months from the date of receipt of a copy of this Judgment. Further action pursuant to Ext.P6 for recovery of the amount from the petitioner will be kept in abeyance till the appeal is heard and orders are passed. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE