2025:KER:25121 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 11479 OF 2025 PETITIONER: T.I. BEENA AGED 59 YEARS, W/O. ABDUL AZIZ, LPSA (RETIRED), AIM UP SCHOOL, ERIYAD, THRISSUR DISTRICT (RESIDING AT KURUDAMPARAMBIL, NAYARAMBALAM,ERNAKULAM DISTRICT ), PIN – 680666. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE – II, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.11479 of 2025 :2: 2025:KER:25121 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR, PIN – 680003. 4 THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRIC, PIN – 680121. 5 THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT, PIN – 679326. 6 THE MANAGER , AIM UP SCHOOL, ERIYAD, THRISSUR DISTRICT, PIN – 680666. 7 THE HEADMISTRESS, AIM UP SCHOOL, ERIYAD, THRISSUR DISTRICT, PIN – 680666. BY ADV.SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.11479 of 2025 :3: 2025:KER:25121 J U D G M E N T Dated this the 24th day of March, 2025 The petitioner retired from service while working as LPSA in the School, on 31.05.2021. While the petitioner was working as LPSA, she was placed under suspension by the Manager on 23.02.2017. The AEO, Kodungallur, thereafter, conducted a formal enquiry on 19.04.2017, without following procedure and prepared a report. 2. Thereupon, the Manager has issued an order dated 14.08.2017, awarding the punishment of compulsory retirement on the petitioner. It was challenged before the DEO and in turn, the DEO interfered with the order of the Manager with the finding that the enquiry report itself is unsustainable. It was challenged by the Manager before the Government and the W.P.(C)No.11479 of 2025 :4: 2025:KER:25121 Government as per G.O.(Rt) No.4612/18/G.Edn dated 05.11.2018 upheld the order of the DEO. 3. Accordingly, the petitioner was reinstated in service on 18.01.2019. Later, she retired on 31.05.2021. The specific case of the petitioner is that the disciplinary action was initiated against her as she was not amenable to the demand of the Manager to relinquish the post of Headmaster which would arise on 01.06.2017 on the retirement of Smt.V. I. Fathima Beevi, the then Headmaster. The Manager wanted to appoint Smt.Zainabi as Headmistress. In the while, Smt.Sainabi was promoted as Headmaster without a relinquishment from the petitioner. 4. The petitioner states that the petitioner was placed under suspension on 23.02.2017. The petitioner was reinstated on 18.01.2019. So far, the suspension period of the W.P.(C)No.11479 of 2025 :5: 2025:KER:25121 petitioner is not regularised. Her retrial benefits in full are also not disbursed so far. Now, she is paid only the PF amount and provisional pension. Her full pension and gratuity are not disbursed due to non-regularisation of her suspension period. In short, the grievance of the petitioner is non-grant of promotion to her, non-regularisation of her suspension period and also non-disbursal of retrial benefits in full. 5. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5. 6. The grievance of the petitioner is that because of the non-regularisation of the period of suspension, the retiral benefits in full is not disbursed to the petitioner. The petitioner would submit that there is no justification in not disbursing the Terminal Benefits and pension of the petitioner in full. W.P.(C)No.11479 of 2025 :6: 2025:KER:25121 7. Be that as it may, I find that the petitioner has approached the competent revisional authority filing Ext.P7 revision petition. In the facts of the case, it would be sufficient that the 1st respondent considers Ext.P7 and takes appropriate decision thereon in accordance with law within a reasonable time. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P7 and pass orders thereon within a period of four months, taking note of Ext.P6 also, after giving an opportunity of hearing to the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.11479 of 2025 :7: 2025:KER:25121 APPENDIX OF WP(C) 11479/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SUSPENSION ORDER FURNISHED BY THE MANAGER VIDE NO. 2/2017 DATED 23.02.2017 Exhibit P-2 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE ORDER NO. 1/2017 (2) DATED 14.08.2017 Exhibit P-3 TRUE COPY OF THE ORDER NO.B1/7783/2017 K.DIS DATED 31.10.2017 OF THE DEO, IRINJALAKUDA Exhibit P-4 TRUE COPY OF THE G.O.(RT) NO.4612/18/G.EDN DATED 05.11.2018 Exhibit P-5 TRUE COPY OF THE ORDER NO. P.R. 21022204520 DATED 01.11.2022 ISSUED BY THE SR. ACCOUNTS OFFICER OF THE ACCOUNTANT GENERAL SANCTIONING THE RETRIAL BENEFITS OF THE PETITIONER Exhibit P-6 TRUE COPY OF THE G.O ( RT) NO.1360/2022/G.EDN. DATED 05.03.2022 Exhibit P-7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 08.03.2025 (WITHOUT EXHIBITS)