IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 W.P(C).No. 32920 of 2008(R) ---------------------------------- PETITIONER(S): ------------------ T.K.DIVAKARAN, S/O.KUNHIRAMAN, AGED 61 YEARS, RETD.HEADMASTER, KOLAVALLOOR U.P.SCHOOL THUVAKUNNU (RESIDING AT ADITHYA, PUTHOOR, PANOOR, KANNUR - 670 692). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, PANOOR, KANNUR DISTRICT. 6. THE DISTRICT COLLECTOR, KANNUR. 7. THE TAHSILDAR (REVENUE RECOVERY), THALASSERY, KANNUR DISTRICT. 8. THE VILLAGE OFFICER, PUTHOOR VILLAGE, THALASSERY, KANNUR DISTRICT. 9. THE MANAGER, KOLAVALLOOR U.P.SCHOOL, THUVAKUNNU PANOOR, KANNUR - 670 693. GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 32920 OF 2008 (R) ==================== Dated this the 7th day of November, 2008 J U D G M E N T Petitioner was a Headmaster who retired from service in May, 2002. It is stated that without any notice or other proceedings, Ext.P3 has been issued, proposing to recover half of the salary that was paid to a teacher of the school. Aggrieved by that proceedings, petitioner has filed Ext.P10 before the 1st respondent. In this writ petition what is sought for is a direction to the 1st respondent to decide on Ext.P10. The petitioner has also sought stay of recovery pursuant to Ext.P3 pending disposal of the appeal. 2. In the aforesaid circumstances, the writ petition is disposed of directing that the 1st respondent shall dispose of Ext.P10 appeal with notice to the petitioner and others. This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. 3. It is further directed that pending disposal of the appeal as above, further proceedings pursuant to Ext.P3 will stand deferred and its WPC 32920/08 :2 : continuance or otherwise will depend upon the outcome of the appeal. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp