LAWS(KER)-2024-11-183

KHADEEJA Vs. STATE OF KERALA

Decided On November 14, 2024
KHADEEJA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner, while working as the Headmistress in an aided school, had contested for the election to the local bodies during October, 2010. The petitioner came out successful and ultimately was appointed as the President of Madavoor Grama Panchayat. While working as the President of the Madavoor Grama Panchayat, as above, the petitioner was also continuing as the Headmistress of the school concerned, and she had also availed the eligible commuted leave, casual leave, special leave, etc., from the Department of Education. The petitioner had also received salary in her capacity as the Headmistress of the school concerned and she has also received the honorarium for functioning as the President of the afore Grama Panchayat.

(2.) However, certain proceedings were taken against the petitioner, alleging that the petitioner was not entitled to receive the honorarium from the Panchayat and the petitioner submitted Ext.P3 representation dtd. 3/10/2014. Subsequently, Ext.P5 communication dtd. 30/3/2015, was issued by the Director of Panchayats, Thiruvananthapuram, to the Deputy Director of Panchayats, Kozhikode, informing that the petitioner was receiving double salary while working as a teacher and while functioning as the President of the Panchayat. There was also a direction to report, as regards the steps taken to recover the salary received from the school. This is followed with Ext.P6 dtd. 12/1/2018 issued by the A.E.O., again alleging that the petitioner received double salary and therefore directing the recovery in that regard.

(3.) It is in the afore circumstances that the petitioner has filed the captioned writ petition challenging the orders referred to above.