IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 30815 of 2006(R) ---------------------------------------- PETITIONER(S): ------------------------- THE PANAVOOR GRAMA PANCHAYATH, PANAVOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, K.S.JESSY, W/O.PREMAN, RESIDING AT KIZHAKKEVILA, KOKKOTHAMANGALAM, MUNDELA, THIRUVANANTHAPURAM. BY ADVS. SRI.G.P.SHINOD, SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATION OFFICER, OFFICE OF THE ASSISTANT EDUCATION OFFICER, NEDUMANGAD, THIRUVANANTHAPURAM. 4. REENA DAS Y.G., CHANDRIKA NIKETHAN, KATTAKODE P.O., NEDUMANGAD, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.SANILKUMAR R4 BY ADV. SRI.D.KISHORE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30815/2006 R APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT NO.53 OF 2006 SUBMITTED BY THE FOURTH RESPONDENT BEFORE THE LOK AYUKTA. P2: COPY OF THE ORDER OF THE UPA LOK AYUKTA DTD. 12/09/2006. P3: COPY OF THE ORDER NO.C2261/2005 DTD. 15/07/2005. P4: COPY OF THE ORDER NO.B4-24458/05/K.DIS. DTD. 9/11/2005 PASSED BY THE SECOND RESPONDENT. P5: COPY OF THE ORDER NO.C 3267/05 DTD. 17/12/2005 PASSED BY THE THIRD RESPONDENT. P6: COPY OF THE ORDER NO.A1 170/05 DTD. 26/10/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) 30815 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2010 J U D G M E N T This writ petition has been filed challenging Ext.P2 order of the Kerala Lok Ayukta dated 2.9.2006. The 4th respondent herein was appointed through the Public Service Commission in the Panchayath UP School, Attinpuram under the Management of the petitioner as a Lower Primary School Assistant. Later, there occurred a reduction of staff strength for want of accommodation pursuant to the certification of certain class rooms as unfit as per Ext.P3. According to the 4th respondent he was retrenched for the aforesaid reason. But, according to the petitioner the 4th respondent was retrenched from service on account of a direction of this court in WA 270/2005 and not based on Ext.P3 order. He had actually worked therein from 17.1.2005 to 25.10.2005. The petitioner had approached the Kerala Lok Ayukta through Ext.P1 claiming salary for the aforesaid period viz., from 15.7.2005 to 25.10.2005. As per Ext.P2 the Kerala Lok Ayukta directed the petitioner to pay the salary and allowances due to the 4th respondent for the period from 15.7.2005 to 25.10.2005 and to file an action taken before the said forum. It was Wpc 30815/2006 2 challenging Ext.P2 order that this writ petition has been filed. 2. The petitioner is assailing Ext.P2 on the specific ground that Kerala Lok Ayukta is lacking jurisdiction to entertain the issue involved in the case in the light of Section 8 (1) of the Kerala Lok Ayukta Act. When this matter is taken up today, the learned counsel appearing for the 4th respondent also conceded the said legal position. However, the learned counsel sought permission to enable the petitioner to pursue with the matter before appropriate forum. In the circumstances, Ext.P2 is set aside. However, it will be open to the 4th respondent to pursue her remedies for redressing her grievances involved in this case in appropriate proceedings. It is made clear that all the contentions available to both the parties are left open. Writ petition is disposed of accordingly. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge