IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 8606 of 2010(A) ------------------------- PETITIONER: ------------------ RADHAMANI.P.R,H.S.A.(PHYSICAL SCIENCE), T.R.K.H.S.S,VANIYAMKULAM,VANIYAMKULAM.P.O, PALAKKAD-679522. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: ---------------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DAPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 8606 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2010 J U D G M E N T The petitioner is working as H.S.A. (Physical Science) in an aided Higher Secondary School. Her appointment has been approved from 25.08.1998. By Ext.P1 an audit objection was raised against counting of her leave period during the mid-summer vacation of the year 2000 for service weightage in the pay fixation from 2004. Against Ext.P1 audit objection the petitioner submitted Ext.P2 before the 1st respondent through the 2nd respondent. The Headmaster under cover of Ext.P3 forwarded Ext.P2 to the 2nd respondent for onward transmission to the 1st respondent. But the Personal Assistant to the 2nd respondent by Ext.P4 endorsement returned Ext.P2 stating that the objection raised by the Accountant General is sustainable. The petitioner therefore seeks the following reliefs: W.P.(C)No. 8606 of 2010 -2- i) issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P4 and quash the same or in the alternative direct the 2nd respondent to receive the originals of Exts.P2 and P3 and forward the same to the 1st respondent for an early disposal in accordance with law; ii) stay all further proceedings pursuant to the audit objection contained in Ext.P1 till the disposal of Ext.P2. I have heard the learned Government Pleader also. The Personal Assistant to the 2nd respondent has no jurisdiction to return an objection filed before the Government through proper channel. As such, Ext.P4 is clearly unsustainable. Accordingly Ext.P4 is quashed. The petitioner shall resubmit Ext.P2 before the 2nd respondent. Within a week from the date of receipt of the same the 2nd respondent shall forward the same to the 1st respondent. The 1st respondent shall consider and pass orders on the same after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate within a period of two months from the date of receipt of the same. S. SIRI JAGAN JUDGE shg/