2025:KER:25357 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 42008 OF 2024 PETITIONER: REMLA BEEVI M., AGED 61 YEARS, W/O SANIL M.I 'MARHADA', THADIKKADU P.O, KOLLAM DISTRICT, PIN – 691306. BY ADVS. VISHNU B.KURUP C.JOSEPH ANTONY RESPONDENTS: 1 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695001. 2 THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DEPARTMENT OF HIGHER SECONDARY EDUCATION, 4TH FLOOR, CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM, PIN – 695033. BY ADV.SRI. V. VENUGOPAL, SR.GOVERNMENT PLEADER W.P.(C)No.42008 of 2024 :2: 2025:KER:25357 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.42008 of 2024 :3: 2025:KER:25357 J U D G M E N T Dated this the 25th day of March, 2025 The petitioner was working as the Principal of the Tadikkad VHSS and HSS. While working as the Principal, even though the appointment was approved by the concerned authorities, the 1st respondent had issued a letter dated 08.12.2016, informing the School that the post of the petitioner was not upgraded to HSST and hence promotion of the petitioner as Principal cannot be approved. The same resulted in the institution of W.P.(C) No.3909 of 2017 and the petitioner continued as Principal in the light of the interim order issued by the Court. 2. Meanwhile, the petitioner retired from service on 31.05.2019. However, the petitioner had to approach this Court as per W.P.(C) No.13853 of 2020 for the release of W.P.(C)No.42008 of 2024 :4: 2025:KER:25357 pension benefits and salary. Both the writ petitions were heard together and the same was allowed with direction to the respondents to release the salary and other benefits to the petitioner. However, nothing was released, thereby forcing the petitioner to initiate Contempt of Court Proceedings. 3. While so, Ext.P6 audit objection was issued in the name of petitioner, against which Ext.P7 reply was given. Without even considering the reply, Ext.P8 order was issued withholding more than ₹6 lakhs from the DCRG benefits of the petitioner. Even though Ext.P9 representation was filed on 29.03.2022, no response was given for the same from the office of the respondents. Since there was no response even after two years, the petitioner was forced to file another representation produced as Ext.P10, before the 2nd respondent. However, till date, no action has been taken based on the representations filed by the petitioner. W.P.(C)No.42008 of 2024 :5: 2025:KER:25357 4. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondents. 5. The petitioner is aggrieved by Ext.P8. The petitioner has preferred Ext.P12 representation in this regard to the 1st respondent-Director of Higher Secondary Education. Considering the facts of the case, I am of the view that it would be only appropriate that the 1st respondent considers Ext.P12 and takes appropriate decision there on in accordance with law. In the facts of the case, the writ petition is disposed of directing the 1st respondent to consider Ext.P12 representation submitted by the petitioner and take appropriate decision thereon in accordance with law within a period of two months, after giving an opportunity of hearing to the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.42008 of 2024 :6: 2025:KER:25357 APPENDIX OF WP(C) 42008/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.351/2004/GEDN. DATED 20.11.2004 Exhibit P2 TRUE COPY OF THE ORDER ORDER NO.ACD.B3/19271 /HSE/O5 DATED 29.6.2005 ALONGWITH ITS TYPED COPY Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER APPOINTING THE PETITIONER AS PRINCIPAL OF THE SCHOOL Exhibit P4 TRUE COPY OF THE ORDER NO.TRO/5/418/13/HSE DATED 12.11.2013 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 09.02.2021 IN WPC 13853/2020 AND 3909/2017 Exhibit P6 TRUE COPY OF THE AUDIT REPORT DATED 03.12.2021 Exhibit P7 TRUE COPY OF THE REPLY DATED 10.12.2021 GIVEN TO THE AUDIT REPORT BY THE PETITIONER Exhibit P8 TRUE COPY OF THE ORDER NO.TRO- 07/8443/2016/RDD/HSE DATED 28.03.2022 OF THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE REPLY DATED 29.03.2022 W.P.(C)No.42008 of 2024 :7: 2025:KER:25357 Exhibit P10 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 09.09.2024 Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 11.09.2024 Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 28.11.2024 SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P13 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 29.11.2024