IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28873 of 2009(D) -------------------------- PETITIONER(S): --------------- RADHAKRISHNA PILLAI K.S., AGED 56 YEARS,S/O.A.V.S.N.PILLAI,RETD.HEADMASTER, GOVT.U.P.SCHOOL,CHALAD,'RESMI',EDACHERRY NORTH, PALLIKUNNU P.O.,KANNUR DISTRICT,PIN-670 004. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF GENERAL EDUCATION, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION,KANNUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERY,KANNUR. BY G.P. SHRI MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28873 of 2009-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009. JUDGMENT The petitioner herein retired from service as Headmaster of a U.P. School on 31.3.2009. As per Ext.P1, the Government sanctioned a Pre primary class to Chelad Govt. U.P. school with a condition that no expenditure would be incurred by the Government. The petitioner suffered an order of suspension as per Ext.P4 and Ext.P4(a) is the copy of the charge memo. By Ext.P5, he filed an explanation against Ext.P4(a). The petitioner has produced Ext.P7 minutes of the meeting of the P.T.A. Committee to show that they have also denied the charges against him. The petitioner approached the Government by filing Ext.P8, seeking reinstatement and then filed W.P.(C) No.9297/2009 seeking to issue appropriate directions in the matter. This court directed the Government to take immediate action on Ext.P8 representation. By Ext.P10, he was ordered to be reinstated in service and accordingly he joined service on 31.3.2009 and retired from service on the same day. By Ext.P12, the Deputy Director of Education, Kannur imposed certain liabilities against him. Later, the 4th respondent issued Ext.P13 order directing the petitioner to pay the amount determined wpc 28873/2009 2 by the third respondent in Ext.P12. Challenging the same, the petitioner has filed Ext.P14 representation before the Director of Public Instruction. It is averred in the writ petition that the pensionary benefits have not been disbursed to the petitioner so far and therefore it is prayed that Ext.P14 may be directed to be disposed of within a time frame. 2. There will be a direction to the second respondent to take a decision on Ext.P14 after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Learned counsel for the petitioner submitted that till orders are passed on Ext.P14, further action pursuant to Exts.P12 and P13 for recovery may be kept in abeyance. Since the petitioner has already availed of the statutory remedy before the Director of Public Instruction, till final orders are passed on Ext.P14, Ext.P12 and P13 will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/