IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 661 of 2011(G) ----------------------------------- PETITIONER: ------------------- SREEDHANYA S.D., D/O. LATE SANKARDAS KURUP, AGED 24 YEARS, H.S.A.(ENGLISH), S.V.P.M. HIGH SCOOL, VADAKKUMTHALA EAST P.O., KARUNAGAPPALLY, KOLLAM, RESIDING AT S.D.BHAVAN, VADAKKUMTHALA P.O., KARUNAGAPPALLY, KOLLAM. BY ADVS. SMT.REKHA VASUDEVAN, SMT.VINEETHA .B, SMT.ANSU COTTAGIRI VARGHESE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM – 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM – 691 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM – 691 001. 5. THE MANAGER, S.V.P.M. HIGH SCHOOL, VADAKKUMTHALA EAST P.O., KARUNAGAPPALLY, KOLLAM – 691 001. 6. THE HEADMISTRESS, S.V.P.M. HIGH SCHOOL, VADAKKUMTHALA EAST P.O., KARUNAGAPPALLY, KOLLAM, PIN – 695 001. R1 TO R4 & R6 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 661 of 2011-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2011. JUDGMENT The grievance raised by the petitioner in the writ petition is that as per the proceedings issued by the District Educational Officer pursuant to the visit by the Super Check Cell the post held by the petitioner which was approved, has been abolished, resulting in retrenchment and with a direction to refund the salary received. 2. The petitioner was appointed as H.S.A. (English) on 1.6.2009 in a retirement vacancy. This was approved as per Ext.P1 order. Going by the staff fixation order Ext.P2, 20 H.S.A. posts have been sanctioned. This was varied after the visit of the Super Check Cell. 3. Learned counsel for the petitioner submitted that in spite of the filing of appeal before the Deputy Director of Education, now the Headmaster is directed to remit back the salary received by the petitioner. It is prayed that pending further orders to be passed in the appeal, the direction to refund the salary may be kept in abeyance. The said request is only reasonable. Evidently, in Ext.P4 the direction is to recover the salary from the Headmaster, but the Headmaster is trying to recover it from the wpc 661/2011 2 petitioner, as evident from Ext.P8 letter. 4. Therefore, there will be a direction to the Deputy Director of Education to take a decision on Ext.P7 appeal within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner and the Manager. In the meanwhile, any steps for recovery pursuant to Ext.P4 against the petitioner will be kept in abeyance, awaiting orders to be passed in the appeal. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/