High Court Kerala High Court

The Panavoor Grama Panchayath vs State Of Kerala on 25 June, 2010

Kerala High Court
The Panavoor Grama Panchayath vs State Of Kerala on 25 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30815 of 2006(R)


1. THE PANAVOOR GRAMA PANCHAYATH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DEPUTY DIRECTOR (EDUCATION),

3. THE ASSISTANT EDUCATION OFFICER,

4. REENA DAS Y.G.,

                For Petitioner  :SRI.G.P.SHINOD

                For Respondent  :SRI.D.KISHORE

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :25/06/2010

 O R D E R
                        C.T. RAVIKUMAR, J
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                    W.P.(C) 30815 OF 2006
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           Dated this the 25th day of June, 2010


                          J U D G M E N T

This writ petition has been filed challenging Ext.P2 order

of the Kerala Lok Ayukta dated 2.9.2006. The 4th respondent

herein was appointed through the Public Service Commission

in the Panchayath UP School, Attinpuram under the

Management of the petitioner as a Lower Primary School

Assistant. Later, there occurred a reduction of staff strength

for want of accommodation pursuant to the certification of

certain class rooms as unfit as per Ext.P3. According to the 4th

respondent he was retrenched for the aforesaid reason. But,

according to the petitioner the 4th respondent was retrenched

from service on account of a direction of this court in WA

270/2005 and not based on Ext.P3 order. He had actually

worked therein from 17.1.2005 to 25.10.2005. The petitioner

had approached the Kerala Lok Ayukta through Ext.P1

claiming salary for the aforesaid period viz., from 15.7.2005 to

25.10.2005. As per Ext.P2 the Kerala Lok Ayukta directed the

petitioner to pay the salary and allowances due to the 4th

respondent for the period from 15.7.2005 to 25.10.2005 and

to file an action taken before the said forum. It was

Wpc 30815/2006 2

challenging Ext.P2 order that this writ petition has been filed.

2. The petitioner is assailing Ext.P2 on the specific

ground that Kerala Lok Ayukta is lacking jurisdiction to

entertain the issue involved in the case in the light of Section 8

(1) of the Kerala Lok Ayukta Act. When this matter is taken up

today, the learned counsel appearing for the 4th respondent also

conceded the said legal position. However, the learned counsel

sought permission to enable the petitioner to pursue with the

matter before appropriate forum.

In the circumstances, Ext.P2 is set aside. However, it will

be open to the 4th respondent to pursue her remedies for

redressing her grievances involved in this case in appropriate

proceedings. It is made clear that all the contentions available

to both the parties are left open.

Writ petition is disposed of accordingly.

Sd/-

C.T. RAVIKUMAR, JUDGE
jma

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P.A to Judge