IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 6985 OF 2022
PETITIONER/S:
T.A.NARAYANAN,
AGED 55 YEARS
S/O. GOPALAN,
UPPER PRIMARY SCHOOL TEACHER,
ATHMAVIDYA SUKUMARA VILASAM UPPER PRIMARY SCHOOL,
EDAKKARA, CHELANNUR VIA,
KOZHIKODE DISTRICT-673616.
(RESIDING AT NIVEDYAM THEEKKE ARAMKOTTU,
NANMINDA, KOZHIKODE-673613)
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GOVERNMENT EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KOZHIKODE-673020.
4 THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE-673573.
5 THE ASSISTANT EDUCATIONAL OFFICER,
BALUSSERY, KOZHIKODE DISTRICT-673612.
6 THE MANAGER,
ATHMAVIDYA SUKUMARA VILASAM UPPER PRIMARY SCHOOL,
EDAKKARA, KOZHIKODE DISTRICT-673616.
WP(C) NO. 6985 OF 2022
2
7 THE HEADMASTER,
ATHMAVIDYA SUKUMARA VILASAM UPPER PRIMARY SCHOOL,
EDAKKARA, KOZHIKODE DISTRICT-673616.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6985 OF 2022
3
JUDGMENT
The petitioner states that while he was working as U.P. School Teacher in the Athmavidya Sukumara Vilasam U.P School, Edakkara, he was placed under suspension for 15 days with effect from 24.12.2016 invoking the provisions of Section 12-A of the Kerala Education Act r/w Rule 75 of Chapter XIV-A of the KER. According to the petitioner, being aggrieved by the denial of treating the period of suspension as a duty for all purposes, the petitioner had approached the 2nd respondent. However, the same was rejected. In the said circumstances, he has preferred Exhibit P17 revision petition before the Government, which is stated to be pending. It is in the afore circumstances that this writ petition is filed seeking directions for expeditious consideration of Exhibit P17.
2. I have heard the learned counsel appearing for the petitioner and the learned Government Pleader. In the nature of the order that I propose to pass, notice to the 6th and 7th respondents is dispensed with.
3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions: WP(C) NO. 6985 OF 2022 4
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P17 revision petition after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 6th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 6985 OF 2022 5 APPENDIX OF WP(C) 6985/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. B2-8751/2016 DATED 24/12/2016 OF THE DEO, THAMARASSERY. Exhibit P2 TRUE COPY OF THE ORDER NO. B2-8751/2016 DATED 26/01/2017 OF THE DEO, THAMARASSERY. Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 10/06/2019.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN SESSIONS CASE NO.731/2017 OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOZHIKODE DATED 27/09/2019.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN SESSIONS CASE NO.917/2017 OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOZHIKODE DATED 27/09/2019.
Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 25/10/2019.
Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 14/02/2020.
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE AEO, BALUSSSERY DATED 14/02/2020.
Exhibit P9 TRUE COPY OF THE LETTER NO. B2-5666/2019 DATED 12/02/2020 OF THE DEO, THAMARASSERY. Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE AEO, BALUSSERY DATED 29/02/2020.
WP(C) NO. 6985 OF 2022 6 Exhibit P11 TRUE COPY OF THE ORDER NO.
C/4726/2016/K.DIS DATED 09/03/2020 OF THE MANAGER OF THE SCHOOL.
Exhibit P12 TRUE COPY OF THE ORDER NO.
C/1071/20/K.DIS. DATED 22/02/2021 OF THE AEO, THAMARSSERY.
Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, THAMARASSERY DATED 25/03/2021.
Exhibit P14 TRUE COPY OF THE ORDER NO.
B2-1693/2021/K.DIS. DATED 17/08/2021 OF DEO, THAMARASSERY.
Exhibit P15 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 17/09/2021 (WITHOUT EXHIBITS).
Exhibit P16 TRUE COPY OF THE ORDER NO.
V.B.(2)/281044/2021/DGE DATED 01/12/2021 OF THE ADDITIONAL DIRECTOR (GENERAL & VIGILANCE OFFICER).
Exhibit P17 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 22/01/2022 (WITHOUT EXHIBITS).
Exhibit P18 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.1912/2015 DATED 16/02/2015 OF THE HON'BLE SUPREME COURT OF INDIA.
Exhibit P19 TRUE COPY OF THE DECISION REPORTED IN 2021 (2) KHC 655 DECIDED ON 04/03/2021.