ALPHONSA V. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Interference is declined by the Kerala Administrative Tribunal for issuance of the 'Last Pay Certificate' (LPC), so as to enable the petitioner to obtain the salary which is now pending for nearly 7 months, despite passing Annexure A6 order dated 16.12.2014 by the 2nd respondent, regularising the period of suspension already ordered, forms the subject matter of challenge in the present proceedings.

(2.) The petitioner herein was working as an HSA (English) under the 3rd respondent. While so, by virtue of her credentials to have promotion to the post of HSST, by way of 'by -transfer appointment' in respect of 25% vacancies as per the relevant provisions of law, she came to be appointed as an HSST and joined the Government Higher Secondary School, Pullengode, Malappuram. The said promotion was given as per Annexure A2 dated 25.09.2014 ordered by the Director of Higher Secondary Education. However, according to the petitioner, because of some ill will against the petitioner, at the instance of the parties who were acting behind the curtain, Annexure A3 order was issued by the 2nd respondent on the very same day i.e.; on 25.09.2014, suspending the petitioner pending enquiry, in connection with some alleged misconduct. Being aggrieved of the said order, the petitioner approached the DPI by filing an appeal. After considering the merits involved, the impugned order was set aside and the petitioner was ordered to be reinstated.

(3.) Pursuant to said order, the 2nd respondent issued Annexure A4 order dated 05.11.2014 and the petitioner was directed to report in the Government Higher Secondary School, Naduvanur. In furtherance to the said proceedings, the petitioner was relieved from the concerned School on 06.11.2014 and joined in the School mentioned in Annexure A4 on 7.11.2014 i.e.; the next day as evident from Annexure A5. After joining duty as aforesaid, the petitioner submitted a representation before the 2nd respondent for causing regularisation of the period of suspension of nearly 40 days. The matter was considered and the 2nd respondent was pleased to pass Annexure A6 order on 16.12.2014, whereby the period of suspension was ordered to be treated as 'eligible leave'. Appropriate directions were issued to the 3rd respondent to take necessary steps to sanction the leave and to submit a report, also ordering to make necessary entries in the 'Service Book'. Pursuant to the said order, the petitioner filed Annexure A7 application for commuted leave, as there was sufficient commuted leave to her credit; but the same was not acted upon.