IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30391 of 2011(Y) -------------------------- PETITIONER: --------------- THE HEADMASTER (A.T.SUNNY) ST.JOHN'S HIGH SCHOOL, PARAPPUR, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM 695 014. 3. THE SUPER CHECK CELL OFFICER (DEPUTY SECRETARY TO GOVERNMENT) SUPER CHECK CELL, KOZHIKODE 673 020. 4. THE DEPUTY DIRECTOR OF EDUCATION THRISSUR AT AYYANTHOLE 680 003. 5. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT 680 001. 6. THE MANAGER ST.JOHNS HIGH SCHOOL, PARAPPUR, THRISSUR DISTRICT 680 552. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.30391/11 PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B2/5025/10 OF THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DT.31.8.10. EXHIBIT P2. TRUE COPY OF THE HEARING NOTICE NO.SC/98/2011/KKD OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DT.11.3.11. EXHIBIT P3. TRUE COPY OF THE ARGUMENT NOTES OF THE PETITIONER TO THE 2ND RESPONDENT DT.18.3.11. EXHIBIT P4. TRUE COPY OF THE ORDER NO.SC/98/2010-11/KKD/THR OF THE 2ND RESPONDENT DT.31.3.11. EXHIBIT P5. TRUE COPY OF THE ORDER NO.B2/3668/11/BILL OF THE 5TH RESPONDENT DT.3.6.11. EXHIBIT P6. TRUE COPY OF THE INTIMATION OF THE PETITIONER/HEADMASTER OF THE SCHOOL DT.NIL. EXHIBIT P7. TRUE COPY OF THE PROCEEDINGS ORDER ED NO.132/2011 OF THE MANAGER DT.8.6.11. EXHIBIT P8. TRUE COPY OF THE LETTER NO.B2/1919/2011 OF THE 5TH RESPONDENT DT.5.7.11. EXHIBIT P9. TRUE COPY OF THE LETTER OF THE PETITIONER/HEADMASTER OF THE SCHOOL INCLUDING ENCLOSURERS DT.15.7.11. EXHIBIT P10. TRUE COPY OF THE ORDER NO. B2/1919/11 OF THE 5TH RESPONDENT DT.29.7.11. EXHIBIT P11. TRUE COPY OF THE LETTER OF THE MANAGER TO THE 5TH RESPONDENT DT.2.8.11. EXHIBIT P12. TRUE COPY OF THE LETTER OF THE PETITIONER/HEADMASTER OF THE SCHOOL DT.5.9.11.. EXHIBIT P13. TRUE COPY OF THE ORDER NO.B2/1919/11/L.DIS.OF THE 5TH RESPONDENT DT.2.10.11. EXHIBIT P14. TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.30.10.11. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.30391 of 2011 -------------------------------------------------- DATED THIS THE 15th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner is the Headmaster of St.John's High School, Parappur in Thrissur District. Consequent on the visit of the Super Check Cell, the petitioner is visited with recovery of an amount of Rs.3,07,804/-. The same represents the salary paid to two Upper Primary School Assistants. 2. The learned counsel for the petitioner submitted that by Exhibit P4 order, the Director of Public Instruction had directed the Deputy Director of Education and the District Educational Officer to examine the eligibility of protection including 1:40 ratio of the affected teachers and extend the benefit, if any, and issue necessary orders. It is stated that the same has not been done so far and therefore the fixation of liability and the steps for recovery as against the petitioner cannot be supported. 3. The petitioner has already moved the Government by filing Exhibit P14 appeal against Exhibit P13 order. The learned counsel for the petitioner prayed that the same may be directed W.P.(C)No.30391/11 -2- to be considered within a time frame and the recovery as against the petitioner may be kept in abeyance in the meanwhile. 4. There will be a direction to the Government to take a decision on Exhibit P14 appeal as expeditiously as possible, at any rate within a period of six months from the date of receipt of a coy of this judgment. In the meanwhile, any steps for recovery pursuant to Exhibit P13 as against the petitioner will be kept in abeyance. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn