IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25729 of 2011(M) -------------------------- PETITIONER: --------------- T. SUMATHY, AGED 50 YEARS, D/O. KELAPPAN, (TEACHER UNDER SUSPENSION, ELAYIDOM B.V.L.P. SCHOOL, NADAPURAM, KOZHIKODE) RESIDING AT SURAJ BHAVAN, CHOKKLI P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN-695 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, KALLACHI, KOZHIKODE, PIN-673 506. 4. THE MANAGER, ELAYIDOM B.V.L.P. SCHOOL, KATAMERY P.O., VILLIYAPPILLI (VIA), VADAKARA TALUK, KOZHIKODE DISTRICT, PIN 673 542. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.25729/11 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER DT.20.4.11 OF THE 2ND RESPONDENT. EXT.P2: COPY OF ORDER DT.10.6.11 ISSUED BY THE 4TH RESPONDENT. EXT.P3: COPY OF JUDGMENT DT.27.6.11 IN W.P.(C)No.7341/11 OF THIS COURT. EXT.P4: COPY OF REVISION DT.18.8.11 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF APPEAL DT.17.7.11 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.25729 of 2011 -------------------------------------------------- DATED THIS THE 28th DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner who has been subjected to disciplinary action is seeking for a direction to the Government to dispose of Exhibit P4, which is a revision petition filed against Exhibit P1 proceedings of the Additional Director of Public Instruction (Academic) as well as Exhibit P5 appeal filed before the Assistant Educational Officer, challenging the punishment. 2. By Exhibit P1 order, a direction was issued to impose minor punishment and to reinstate the petitioner in service. The same is under challenge in Exhibit P4 revision petition before the Government. 3. By Exhibit P2 order, the Manager imposed the punishment of withholding one increment and to treat the period of suspension as eligible leave. The same is under challenge before the Assistant Educational Officer as per Exhibit P5 appeal. 4. There will be a direction to the Government to take a decision on Exhibit P4 revision petition, after hearing the W.P.(C)No.25729/11 -2- petitioner and the Manager within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. Depending upon the outcome, the petitioner can move the Assistant Educational Officer, for disposing of the appeal Exhibit P5 also. 5. The learned counsel for the petitioner submitted that the pay and allowances as well as eligible subsistence allowance have not been paid. The Assistant Educational Officer will look into the matter and take appropriate action to see that if any amounts are remaining to be disbursed, the same will be disbursed to the petitioner within a period of two months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn