Abdul Latheef V.P vs State Of Kerala
2021 Latest Caselaw 11757 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9609 OF 2021(A)


PETITIONER:

               ABDUL LATHEEF V.P.
               AGED 54 YEARS
               S/O. MOIDU HAJI, DRAWING TEACHER, MIMHS, PERODE,
               KOZHIKKODE-673504, (RESIDING AT VALIYAPARAMBATH
               HOUSE, KAYAKKODI P.O., VIA KUTTIADI, KOZHIKKODE-
               673508).

               BY ADVS.
               SRI.T.T.MUHAMOOD
               SRI.A.RENJIT
               SRI.A.MOHAMMED SAVAD
               SHRI.T.R.VISHNU

RESPONDENTS:

      1        STATE OF KERALA,
               REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695004.

      3        THE DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF THE DEO, VADAKARA, KOZHIKKODE DISTRICT-
               673101.

               SR.GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9609 OF 2021

                               2

                           JUDGMENT

Dated this the 9th day of April, 2021

This writ petition is filed seeking directions to the

respondents to consider and pass orders on Ext.P1

representation preferred by the petitioner.

2. It is submitted by the learned counsel for the

petitioner that the petitioner is a Drawing Teacher in an

aided school. He has also been elected as a member of a

managing Committee of another educational agency. It is

submitted that the petitioner is due to retire from service on

31.03.2022. It is submitted that the petitioner has preferred

Ext.P1 representation before the Government seeking

exemption from the provisions of Rule 8 of Chapter III KER. It

is submitted that the said request is pending consideration

and has been forwarded by the DEO through the DGE for

further transmission to the Government. It is submitted that,

in the meanwhile, the 3rd respondent is likely to initiate

coercive steps against the petitioner in terms of Rule 8. WP(C).No.9609 OF 2021

3. Having heard the learned Government Pleader

also, I am of the opinion that it is for the 1 st respondent to

take an appropriate decision on Ext.P1 representation

preferred by the petitioner.

4. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P1

representation preferred by the petitioner, which has been

forwarded through proper channel. Appropriate orders shall

be passed on Ext.P1 within a period of three months from

the date of receipt of a copy of this judgment after hearing

the petitioner as well. Till such time, further coercive action

against the petitioner on the basis of his being inducted into

the Managing Committee of an educational agency shall be

kept in abeyance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/09.04.2021 WP(C).No.9609 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 26.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF COVERING LETTER NO.B3-

242/2019 DATED 30.4.2019 SENT BY THE 3RD RESPONDENT.