IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 24531 of 2011(N) -------------------------- PETITIONER: ----------------- K.A.SHAMSIYAMMA,AGED 56 YEARS, W/O.FAZIL,PUTHENPURAYIDATHIL HOUSE, PO CHENAPPADI,(RETIRED HEADMISTRESS GOVERNMENT, UPPER PRIMARY SCHOOL,VELLANI). BY ADV. SRI.ESM.KABEER SMT.M.R.JAYALATHA SMT.P.DEEPA MOHAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-685001. 3. THE ASSISTANT EDUCATIONAL OFFICER, KANJIRAPPALLY-685003. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24531 of 2011(N) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER OF SUSPENSION NO.B2-794/06 DATED 17/4/2006 OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER REINSTATING THE PETITIONER AS PER GO (RT) NO.5309/06 GEN.EDN TRIVANDRUM DATED 6/2/2006. EXHIBIT P3 TRUE COPY OF THE ORDER REINSTATING THE PETITIONER BY THE 2ND RESPONDENT DATED 15/2/2007. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 17/3/2010 RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.24531 of 2011 -------------------------------------------------- DATED THIS THE 26th DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner is a retired Headmistress from the Government Upper Primary School, Vellani. The main prayer in the Writ Petition is for a direction to the 1st respondent to consider and dispose of Exhibit P4 representation. The main grievance raised by the petitioner is regarding the claim for pay and allowances during the period of suspension from 17.4.2006 to 15.2.2007. The petitioner is relying upon Exhibit P2 proceedings which shows that the petitioner was not guilty. 2. The learned Government Pleader on getting instructions submitted that Exhibit P4 is not traceable. 3. Evidently, in Exhibit P2 order it was stated that the suspension period will be treated as duty for all practical purposes except for pay and allowances, which will be limited to subsistence allowance already drawn. The petitioner seeks lifting of the said condition. 4. It is upto the petitioner to re-file Exhibit P4 W.P.(C)No.24531/11 -2- representation before the Government and if such a representation is filed along with copy of the Writ Petition and a certified copy of this judgment within a period of two weeks from today, appropriate orders will be passed within a further period of four months. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn