Hamsakoya Padinjarayil v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12505 of 2015 (K) ---------------------------- PETITIONER ------------------- HAMSAKOYA PADINJARAYIL AGED 60 YEARS HIGH SCHOOL ASSISTANT (ARABIC) (RETIRED) ST.THOMAS HIGH SCHOOL, PUNNAKODE P.O. POOYAPPALLY, KOLLAM DISTRICT (RESIDING AT MUBARAK MANZIL) MEEYAYANNA, AMBALAMKUNNU, KOLLAM DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS:

---------------------------- 1.

THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

2.

THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 014.

3.

THE DEPUTY DIRECTOR OF EDUCATION THEVALLY, KOLLAM DISTRICT - 691 009.

4.

THE DISTRICT EDUCATIONAL OFFICER KOTTARAKKARA, KOLLAM DISTRICT - 691 506.

5.

THE ACCOUNTANT GENERAL (A& E) KERALA THIRUVANANTHAPURAM-695 039.

BY SR.GOVERNMENT PLEADER SRI.M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.12505 OF 2015 APPENDIX PETITIONER'S EXHIBITS:

P1:

TRUE COPY OF THE OBJECTIOBN OF THE ACCOUNTANT GENERAL DATED 3.8.02013.

P2:

TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER. P3.

TRUE COPY OF THE FORM OF OPTION DATED 1.6.2011. P4:

TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT DATED 25.3.2015, WITHOUT ANNEXURE RESPONDENT'S EXHIBITS: NIL \\ TRUE COPY \\ PA TO JUDGE

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No.12505 of 2015 ---------------------------------------------------- Dated this the 10th day of April,2015

J U D G M E N T

-------------------------- The petitioner approached the Government as per Ext.P4 challenging Ext.P1 order of recovery based on audit objection

2. In view of the pendency of Ext.P4, there shall be a direction to the Government to take appropriate decision on Ext.P4 after affording an opportunity of hearing to the petitioner within a period four months from the date of receipt of a copy of this judgment. Till a decision is taken in this matter, recovery against the petitioner shall be suspended.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE