IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 23205 of 2011(A) ------------------------------------- PETITIONER: A.A.SOSAMMA, W/O.POULOSE P.K., UPPER PRIMARY SCHOOL ASSISTANT, PANCHAYATH U P SCHOOL, NELLIKUZHI P.O. - 686691, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN SRI.BENNY ANTONY PAREL MRS.S.SREELAKSHMY RESPONDENTS: 1. STATE OF KERALA, REP. BY SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANADU-682 030. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM-686 691. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 23205/2011 PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE AUDIT ENQUIRY REPORT DT. 27.7.10 EXT. P2 TRUE COPY OF ANNEXURE ATTACHED WITH EXT. P1 EXT. P3 TRUE COPY OF THE JUDGMENT IN WPC 6925/11 DT. 18.3.11 BEFORE THIS COURT EXT. P4 TRUE COPY OF THE ORDER DT. 6.6.11 EXT. P5 TRUE COPY OF REPRESENTATION DT. 22.6.11 /TRUE COPY/ T.R.Ramachandran Nair, J. ------------------------------------------- W.P.(C) No.23205 of 2011 A ------------------------------------------- Dated this the 25th day of August, 2011 JUDGMENT Petitioner seeks for a direction to the Government to consider and pass orders on Exhibit P5 representation. 2. Petitioner, who joined the service on 16.7.1983 as Assistant Teacher, is retiring from service on 31.3.2012. Petitioner has already been sanctioned the first higher grade on 16.7.1993 on completion of ten years of service, senior grade on 16.7.2001 on completion of eighteen years of service and selection grade on 16.7.2006 on competition of twenty three years of service. 3. An objection has been raised with regard to reckoning of forty nine days of service during which the petitioner had taken leave without allowance without medical certificate. That dispute was finally directed to be considered by the competent authority vide Exhibit P3 judgment and thereafter, Exhibit P4 order has been passed, which shows that grievance of the petitioner has not been rectified. WPC 23205/2011 2 4. The view taken in Exhibit P4 is that the objections raised by the Accountant General cannot be rectified at the Office of the Assistant Educational Officer without regularisation of the pay of the petitioner. In these circumstances, petitioner submitted Exhibit P5 representation before the Government seeking for regularisation of the pay. 5. There will be a direction to the first respondent to consider and pass orders on Exhibit P5 representation after notice to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The writ petition is accordingly disposed of. (T.R.Ramachandran Nair, Judge) tkv