Sumathy .T vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 02, 2024

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Citation: sooperkanoon.com/1317245
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Apr 02, 2024
Case Number: RP/378/2024

Parties & Advocates

Appellant / Petitioner

Sumathy .T

Respondent

State of Kerala

Excerpt

.....was suspended from service on 14.11.2012. challenging the order of suspension, the review petitioner filed the writ petition before this court and the learned single judge, after elaborate consideration of the issue, dismissed the writ petition. the review petitioner took the matter in appeal. this court, after going through the entire facts of the case, was of the opinion that she cannot claim any further relief since no primary authority has found in favour of the petitioner to have the claim for salary during the period of suspension and accordingly, dismissed the writ appeal.3. now, the petitioner has come up with the review ..4..petition reiterating the very same facts, which were raised in the writ petition as well as in the writ appeal. all these matters were considered in detail. the review petitioner has not pointed out any error in the judgment passed by this court. there is no error apparent on the face of the record calling for review of the judgment dated 13.11.2023. the review petition is dismissed accordingly. sd/- a. muhamed mustaque judge sd/- shoba annamma eapen judge bka/- ..5.. appendix of rp 378/2024 petitioner annexuresannexure a1 certified copy of the judgementw.a.no.170/2023 dated 13.11.2023 of this hon'ble court annexure a2 certified copy of the w.p.c 9828 of 2022 dated 30-9-2022 of this hon'ble courtannexure a3 true copy of d.e.o's orderb5/5926/2015 dated 30/03/2015 annexure a4 true copy of order no. b-5339/12 of a.e.o dated 04.11.2015 and notice dated 04/02/2016 annexure a5 true copy of the order no. gedn- l1/57/2016.g.edn of general education department ,thiruvanathapuram dated 04.09.2020 annexure a6 true copy of the reply from d.e.0's office,vadakara dated 24.12.2022annexure a7 true copy of the punishment orderno.2/2015 dated 30.05.2015 annexure a8 true copy of the judgement of noc noc

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946 RP NO. 378 OF 2024 WA NO.170 OF 2023 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT/PETITIONER: SUMATHY T., AGED 64 YEARS ADRYSYAM KUNINGAD PURAMERY VADAKARA CALICUT, PIN - 673503 BY SMT.SUMATHY T. (Party-In-Person) RESPONDENTS/RESPONDENTS/RESPONDENTS
1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, TRIVANDRUM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE 0F GENERAL EDUCATION, JAGATHY,TRIVANDRUM,, PIN - 695014 3 DEPUTY DIRECTOR OF EDUCATION CALICUT, PIN - 673001 4 THE DISTRICT EDUCATIONAL OFFICER VADAKARA, CALICUT, PIN - 673103 5 ASSISSTANT EDUCATIONAL OFFICER NADAPURAM,KALLACHY P.O, VADAKARA,CALICUT, PIN - ..2..
6 THE MANAGER, ELAYADAM B.V.L.P SCHOOL, KATAMERY P.O, VILLIAPPALLY P.O, PIN - 673507 BY SMT.VINITHA B., SENIOR GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON 02.04.2024 DELIVERED THE FOLLOWING: ..3..

ORDER

SHOBA ANNAMMA EAPEN, J.

This review petition has been filed by the appellant seeking review of judgment dated 13.11.2023 in WA No.170 of 2023.

2. The review petitioner/appellant, who was working

as Headmistress of the Elayadam BVLP School, alleging certain misdemeanors and misconducts, was suspended from service on 14.11.2012. Challenging the order of suspension, the review petitioner filed the writ petition before this Court and the learned Single Judge, after elaborate consideration of the issue, dismissed the writ petition. The review petitioner took the matter in appeal. This Court, after going through the entire facts of the case, was of the opinion that she cannot claim any further relief since no primary authority has found in favour of the petitioner to have the claim for salary during the period of suspension and accordingly, dismissed the writ appeal.

3. Now, the petitioner has come up with the review ..4..

petition reiterating the very same facts, which were raised in the writ petition as well as in the writ appeal. All these matters were considered in detail. The review petitioner has not pointed out any error in the judgment passed by this court. There is no error apparent on the face of the record calling for review of the judgment dated 13.11.2023. The review petition is dismissed accordingly. SD/- A. MUHAMED MUSTAQUE JUDGE SD/- SHOBA ANNAMMA EAPEN JUDGE bka/- ..5.. APPENDIX OF RP 378/2024 PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE JUDGEMENT

W.A.NO.170/2023 DATED 13.11.2023 OF THIS HON'BLE COURT Annexure A2 CERTIFIED COPY OF THE W.P.C 9828 OF 2022 DATED 30-9-2022 OF THIS HON'BLE COURT

Annexure A3 TRUE COPY OF D.E.O'S ORDER

B5/5926/2015 DATED 30/03/2015 Annexure A4 TRUE COPY OF ORDER NO. B-5339/12 OF A.E.O DATED 04.11.2015 AND NOTICE DATED 04/02/2016 Annexure A5 TRUE COPY OF THE ORDER NO. GEDN- L1/57/2016.G.EDN OF GENERAL EDUCATION DEPARTMENT ,THIRUVANATHAPURAM DATED 04.09.2020 Annexure A6 TRUE COPY OF THE REPLY FROM D.E.0'S OFFICE,VADAKARA DATED 24.12.2022

Annexure A7 TRUE COPY OF THE PUNISHMENT ORDER

NO.2/2015 DATED 30.05.2015 Annexure A8 TRUE COPY OF THE JUDGEMENT OF NOC NOC

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