IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 22850 of 2011(E) -------------------------- PETITIONER(S): --------------- MINI DIVAKARAN, HEADMISTRESS, KANICHERRY L.P.S., KOOTTIKADA, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.AJAY JOHNS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (L) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-33. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN-691 013. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR, KOLLAM DISTRICT, PIN-691 572. BY G.P. SHRI VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF ORDER DATED 24.6.2011 EXT.P2-TRUE COPY OF ORDER DATED 4.8.2011 EXT.P3-TRUE COPY OF APPEAL DATED 18.8.2011 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22850 of 2011-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011. JUDGMENT The petitioner is the Headmistress of Kanichery L.P.S. at Koottikada in Kollam District. She is aggrieved by Ext.P2 order passed by the Deputy Director of Education. The dispute herein arose when five posts of LPSAs were abolished due to the physical verification of the strength of the pupils by the super check cell, for the year 2004-2005. The same resulted in initiation of recovery proceedings against the petitioner. The revision petition filed by the petitioner before the Government was allowed and it was found that the petitioner is not liable to reimburse any amount and the teachers to whom the salary was paid, are eligible for protection. 2. Presently, by Ext.P2 order the Deputy Director of Education has passed an order barring two increments of the petitioner with cumulative effect as per Section 12A of the Kerala Education Act, evidently by way of penalty. Challenging the same, the petitioner filed Ext.P3 appeal before the second respondent. It is prayed that a direction may be issued to the second respondent to consider and pass orders on Ext.P3 within a time frame and keep in abeyance the implementation of Ext.P2, in the meanwhile. wpc 22850/2011 2 3. Heard learned Government Pleader appearing for the respondents. 4. There will be a direction to the second respondent to take a decision on Ext.P3 appeal after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. Till then, the implementation of Ext.P3 will be kept in abeyance. 5. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/