Sheena Ida Kambil vs The District Educational Officer and Others

K.T. Sankaran, J.—The petitioner is at present working as HSA (English) in BEM High School, Vadakara. At the time when the Writ Petition was filed, she was working as HSA (English) in BEM High School, Palakkad. She had worked in the School of the Corporate Management at Parappanangadi also.

The reliefs prayed for in the Writ Petition are the following:

(i) to call for the records leading to Exhibits P1, P1 (a), P1(b) and Exhibit P4 and all proceedings leading to that and pursuant thereto and set aside the same by issuing a writ of certiorari or any other appropriate Writ, direction or order;

(ii) to declare that the petitioner is entitled to receive salary from the sixth respondent school till issuance of Exhibit P8 relieving order;

(iii) to direct the respondents 1 to 7 to disburse the salary of the Petitioner for the month of December, 2009 and all subsequent months in accordance with law as expeditiously as possible by issuing a writ of mandamus or any other appropriate Writ, direction or order;

(iv) alternatively to direct the respondents 1 to 7 to effect adjustment in pay bills as contemplated by the Kerala Education Rules so as to avoid refund of salary already paid to the petitioner;

(v) alternatively to direct the second, fifth and seventh respondents to take steps to disperse salary to the petitioner as expeditiously as possible;

(vi) to grant such other relief in favour of the petitioner as this Hon''ble Court may deem fit to grant.

The petitioner filed I.A. No. 11910 of 2010 for amendment of the Writ Petition whereunder, the following reliefs are also sought to be incorporated in the Writ Petition:

v(a) alternatively, to call for the records leading to Exhibit P9 Revision Petition and direct the fourth respondent to dispose of the same expeditiously within a short time frame that may be fixed by this Hon''ble Court by issuing a Writ of mandamus or any other appropriate Writ direction or order.

v(b) to direct the Respondents 1 to 5 to keep in abeyance all proceedings against the Petitioner as per Exhibit P1 order and to disburse the salary of the petitioner for the month of December, 2009 and all subsequent months in accordance with law expeditiously pending disposal of Exhibit P9 revision petition.

In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to respondents 5 to 8. Learned Government Pleader takes notice for respondents 1 to 4.

When the Writ Petition came up for admission on 10.3.2010, the following order was passed:

When it was pointed out to the learned Counsel for the petitioner that petitioner has a statutory remedy by way of revision before the government, the counsel for the petitioner seeks time to file a revision and move the Writ Petition.

Post when moved again.

Subsequently, the petitioner filed Ext.P9 Revision dated 2.4.2010 before the fourth respondent. The Revision is pending.

Learned Counsel for the petitioner submitted that, for the time being, the petitioner is limiting the prayer to reliefs v(a) and v(b).

In the facts and circumstances of the case, the Writ Petition is disposed of directing the fourth respondent to dispose of Ext.P9 Revision dated 2.4.2010 filed by the petitioner, as expeditiously as possible and, at any rate, within a period of six weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the respondents in the Revision and any other affected party. The petitioner shall produce a copy of the Writ Petition and a copy of I.A.No.11910 of 2010 along with a certified copy of the judgment before the fourth respondent. The petitioner shall also sent copy of the judgment to respondents 5 to 8 by registered post and shall produce proof of the same before the fourth respondent. Pending decision on Ext.P9 Revision by the fourth respondent, respondents 1 to 4 shall keep in abeyance all proceedings against the petitioner as per Ext.P1 order for recovery of the salary already drawn by the petitioner.