IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 36223 of 2005(K) --------------------------------------- PETITIONER: ------------------- E.J.LEENA, SENIOR LECTURER, DIET (DISTRICT INSTITUTE OF EDUCATION AND TRAINING), SULTHANBATHERY, WAYANAD. BY ADVS. SRI.B.GOPAKUMAR, SMT.CHINCY GOPAKUMAR, SRI.ASWIN GOPAKUMAR, SRI.ANWIN GOPAKUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. J.BEENA, ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. DIRECTOR, S.C.E.R.T (STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING), THIRUVANANTHAPURAM. 5. ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. 6. DEPUTY DIRECTOR (EDUCATION), WAYANAD. W.P.(C). NO.36223/2005-K: 7. GEORGE JOSEPH, PRINCIPAL, DIET, SULTHAN BATHERY, WAYANAD. 8. K.K.SURENDRAN, LECTURER, DIET, SULTHANBATHERY, WAYANAD. 9. T.V.GOPAKUMAR, LECTURER, DIET, SULTHANBATHERY, WAYANAD. 10. KERALA WOMEN'S COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM R1, R2, R4 & R6 BY GOVT. PLEADER SRI. P. NANDAKUMAR, R7 TO R9 BY ADV. SRI.V.N.RAMESAN NAMBISAN. R.10 BY ADV. SMT.PARVATHI MENON A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36223/2005-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. G.O. (RT).NO.5854/2005/ G. EDN. THIRUVANANTHAPURAM DT. 17/12/05. EXT.P.2: COPY OF THE COMPLAINT DT. 28/04/05. EXT.P.3: COPY OF THE COMPLAINT DT. 05/05/05 BEFORE THE WOMENS COMMISSION. EXT.P.4: COPY OF THE FIRST INFORMATION REPORT DT. 24/11/05. EXT.P.5: COPY OF THE LETTER DT. 23/11/05. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE G.O. (RT).NO.3100/2006/G. EDN. DTD. 19/07/2006. EXT.R7.A: COPY OF THE LETTER DTD. 21/10/05 OF THE LECTURER P.K. REJI, DIET, WAYANAD TO THE PRINCIPAL, DIET, WAYANAD. EXT.R7.B: COPY OF THE NOTICE NO.D6/11245/01/DPI DTD. 05/03/01 ISSUED BY THE R.2. DIRECTOR OF PUBLIC INSTRUCTION TO THE PETITIONER AND WITH COPY TO THE PRINCIPAL, DIET, WAYANAD. EXT.R7.C: COPY OF THE LETTER DTD. NIL. SUBMITTED BY THE PETITIONER TO THE R.7 PRINCIPAL OF THE INSTITUTION. EXT.R7.D: COPY OF THE LETTER NO. D6/11245/01/DPI DTD. 30/03/04 ISSUED BY THE R.2., DIRECTOR OF PUBLIC INSTRUCTION TO THE R.7 PRINCIPAL, DIET, WAYANAD. EXT.R7.E: COPY OF THE ORDER NO. B/494/2000 OF THE R.7 PRINCIPAL, DIET, WAYANAD DTD. 29/04/04. EXT.R7.F: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `INDIAN EXPRESS' DTD. 24/11/05. EXT.R7.G: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `VARTHAMANOM' DTD. 24/11/05. EXT.R7.H: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MADHYAMOM' DTD. 24/11/05. EXT.R7.I: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `KERALA KAUMUDI' DTD. 25/11/05. W.P.(C). NO.36223/2005-K: EXT.R7.J: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MALAYALA MANORAMA' DTD. 26/11/05. EXT.R7.K: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MADHYAMOM' DTD. 26/11/05. EXT.R7.L: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MADHYAMOM' DTD. 28/11/05. EXT.R7.M: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MADHYAMOM' DTD. 29/11/05. EXT.R7.N: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `KERALA KAUMUDI' DTD. 28/11/05. EXT.R7.O: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MATHRUBHUMI' DTD. 02/12/05. EXT.R7.P: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MADHYAMOM' DTD. 29/11/05. EXT.R7.Q: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `KERALA KAUMUDI' DTD. 02/12/05. EXT.R7.R: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `KERALA KAUMUDI' DTD. 03/12/05. EXT.R7.S: COPY OF THE NEWS ITEM PUBLISHED IN DAILY `MATHRUBHUMI' DTD. 20/12/05. EXT.R7.T: COPY OF THE COMPLAINT DTD. 14/12/05 SUBMITTED BY THE PRESIDENT, PHYSICALLY HANDICAPPED ASSOCIATION OF INDIA, WAYANAD COMMITTEE TO THE R.7 PRINCIPAL WITH COPY TO `VIKALANGA COMMISSION, TRIVANDRUM, DISTRICT COLLECTOR, WAYANAD AND DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM AND DISTRICT EDUCATIONAL OFFICER, WAYANAD. EXT.R7.U: COPY OF THE DISABILITY CERTIFICATE DTD. 18/01/2005 IN RESPECT OF THE PETITIONER. EXT.R7.V: COPY OF THE LETTER DTD. 15/10/99 SUBMITTED BY THE LECTURER, MARY JOSEPH OF DIET, WAYANAD TO THE EDUCATION MINISTER. EXT.R7.W: COPY OF THE TEST AUDIT NOTE DTD. 18/01/06 OF THE ASSISTANT AUDIT OFFICER ON BEHALF OF THE ACCOUNTANT GENERAL, KERALA. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 36223 of 2005 -------------------------- Dated this the 16th January,2009 J U D G M E N T Aggrieved by the order of suspension Ext.P1,the petitioner approached this Court by filing this writ petition. According to the petitioner, she had filed a complaint against respondents 7 to 9 with regard to certain matters. But the petitioner had to suffer the order of suspension unnecessarily. 2. In the counter affidavit filed by respondents 1 to 5, it has been made clear in paragraph 13 that the petitioner has been re-instated in service and posted as Senior Lecturer (DIET) in Thrissur against the retirement vacancy of one Smt.Kochuthressia. Therefore, as far the revocation of suspension is concerned the matter has become final. 3. The surviving grievance is regarding the non- payment of salary. It is made clear by respondents in para 13 of the counter that since no special rules have been W.P ( C) No. 36223 of 2005 2 framed for DIET Institutions and the appointment as Lecturer in DIET is on provisional basis. Accordingly, the 5th respondent Accountant General (A&E) has issued provisional pay slip to DIET staff. It is pointed out that presumably because of the pendency of the writ petition she was not issued pay slip as was being issued to other staff members. 4. Therefore, the 5th respondent will take immediate steps, at any rate, within six weeks from the date of receipt of a copy of this judgment to see that the pay slip as far as the petitioner is concerned is issued and the 2nd and 6th respondent will see that the petitioner's due salary will be disbursed expeditiously . The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 36223 of 2005 3 W.P ( C) No. 36223 of 2005 4