IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 17895 of 2011(J) ------------------------------- PETITIONER: -------------- REMAYMOL, LPSA (MALAYALAM), GOVERNMENT LOWER PRIMARY SCHOOL, MULLARIKUDY, IDUKKI 685 571 RESIDING AT PERIKILAMKATTIL HOUSE, KUDAYATHOOR P.O., IDUKKI DISTRICT - 685 590. BY ADVS. SRI.T.I.ABDUL SALAM SRI.PHILIP T.VARGHESE RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA – 685 584. 2. THE ASSISTANT EDUCATIONAL OFFICER, ADIMALI– 685 561. 3. THE HEADMASTER, GOVERNMENT LOWER PRIMARY SCHOOL, MULLARIKUDY, IDUKKI– 686 564. 4. SHEELA M.N., HEADMISTRESS, GOVERNMENT LOWER PRIMARY SCHOOL, CHICKANAMKUDY, MANKULAM P.O., 685 565, IDUKKI DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR FOR R4. SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17895/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 7.7.10 OF R1. EXT. P2 : COPY OF ORDER DTD. 31.12.10 OF R1. EXT. P3 : COPY OF ORDER DTD. 28.4.11 OF R1. EXT. P4 : COPY OF REPRESENTATION DTD. 22.3.11 SUBMITTED BY PETITIONER BEFORE R1. EXT. P5 : COPY OF REPRESENTATION DTD. 21.6.11 SUBMITTED BY PETITIONER BEFORE R2. 4TH RESPONDENT'S EXHIBITS: EXT. R4(a) : COPY OF REPRESENTATION DTD. 16.11.10 SUBMITTED BY PTA TO R2. EXT. R4(b) : COPY OF REPRESENTATION DTD. 8.12.10 SUBMITTED BY PTA BEFORE R1. EXT. R4(c) : COPY OF SHOW CAUSE NOTICE DTD. 20.6.11 ISSUED BY R1. EXT. R4(d) : COPY OF REPLY DTD. 7.7.11 SUBMITTED BY R4. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17895 OF 2011 --------------------------------------- Dated this the 5th day of September, 2011. J U D G M E N T The petitioner herein is an appointee through the Public Service Commission. She is seeking for a direction to the respondents to open her Service Book and sanction the next increment with effect from 14.07.2011. 2. The 4th respondent is the former Headmistress of the school who has filed a counter affidavit. In the counter affidavit, it is mentioned that she was the Headmistress from 21.04.2010 to 05.01.2011. The petitioner joined the school on 14.07.2010. It is further averred that for opening the Service Book, the petitioner did not purchase and supply the book. Various omissions from the part of the petitioner have also been alleged in paragraph 3 of the counter affidavit. 3. With regard to the other documents like Hall Ticket for the PSC Interview, photo affixed identity certificate duly attested by a Gazetted Officer and Medical Certificates, what is averred in W.P.(C) No.17895/2011 2 paragraph 5 of the counter affidavit is that all the records handed over by the petitioner have been kept in the cupboard of the school which has two keys and one key was kept by the 4th respondent and another by the school itself. The stand taken by the 4th respondent is that those records are available in the school. 4. Learned Government Pleader on getting instructions from the 3rd respondent submitted that the PSC Hall Ticket and Identification Certificate with photograph are not available. Learned counsel for the petitioner after verifying with his client submitted that the Service Book was not purchased and supplied by the petitioner. Therefore, this writ petition is disposed of with the following directions: The petitioner will furnish Service Book along with the required documents namely, PSC Hall Ticket and Identification Certificate with photograph, if the same has not been supplied so far, within a period of three weeks from the date of receipt of a copy of this judgment and on receipt of all the records, necessary actions will be taken by the 3rd respondent in the matter. Steps W.P.(C) No.17895/2011 3 for opening the Service Book will be taken in accordance with the Rules. T.R. RAMACHANDRAN NAIR JUDGE smp