C.J.Rymond vs The Deputy Director Of Education
2021 Latest Caselaw 3500 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                       WP(C).No.5594 OF 2020(Y)


PETITIONER:

               C.J.RYMOND, AGED 48 YEARS, S/O.JOSEPH,
               CHAKRAMAKIL HOUSE, P.O.GURUVAYOOR,
               (HSA, SOCIAL STUDIES, S.S.M.V.H.S., EDAKKAZHIYUR).

               BY ADV. SRI.C.P.PEETHAMBARAN

RESPONDENTS:

      1        THE DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               THRISSUR - 680 003.

      2        THE DISTRICT EDUCATION OFFICER,
               CHAVAKKAD, THRISSUR DISTRICT - 680 506.

      3        THE MANAGER, S.S.M.V.H.S., EDAKKAZHIYUR,
               CHAVAKKAD, THRISSUR DISTRICT - 680 506.

      4        THE HEADMISTRESS, S.S.M.V.H.S., EDAKKAZHIYUR,
               CHAVAKKAD, THRISSUR DISTRICT - 680 506.

               BY ADVS. SRI.V.A.MUHAMMED
                        SRI.M.SAJJAD
                        SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5594 OF 2020(Y)

                                  -2-

                             JUDGMENT

Dated this the 1st day of February 2021

The petitioner, who is stated to be

working as a High School Teacher in Social

Studies in "S.S.M.V.H.S", Edakkazhiyur,

Thrissur - managed by the 3rd respondent

Manager, has approached this Court seeking

that Exts.P2 and P6 orders, issued by the

second respondent - District Educational

Officer (DEO) and by the 1st respondent - the

Deputy Director of Education (DDE)

respectively, be directed to be implemented

at the earliest, particularly because,

through Ext.P5 judgment dated 12.11.2019 in

W.A.Nos.50 of 2019 and 254 of 2019, a learned

Division Bench of this Court has made it

clear that, on issuance of the orders by the

DDE, the petitioner shall be granted all

benefits ordered therein.

WP(C).No.5594 OF 2020(Y)

2. However, when this matter was

considered by this Court on an earlier

occasion, it was submitted on behalf of the

Manager, that he had already preferred

Ext.R3(b) Revision before the Director of

General Education (DGE) against Ext.P6 order

of the DDE and that same is still pending.

3. On hearing the learned counsel for

the 6th respondent as afore on 15.01.2021, I

directed the learned Senior Government

Pleader - Sri.P.M.Manoj, to obtain

instructions as to whether Ext.R3(b) Revision

has already been disposed of.

4. Today, the learned Senior Government

Pleader submitted that, even though a hearing

had been conducted by the DGE, final orders

on Ext.R3(b) have not yet been issued. He

submitted that said order will be issued

within fifteen days from the date of receipt

of a copy of this judgment.

 WP(C).No.5594 OF 2020(Y)



        5.    When         I        consider          the           afore

   submissions,          it    is     ineluctable         that       this

   Court     cannot       direct        Ext.P6       order      to    be

implemented at this time, when a Statutory

Revision against it is still pending before

the DGE. It is without doubt that, in Ext.P5

judgment, a learned Division Bench of this

Court had said that upon the DDE issuing

orders, the petitioner will be granted

benefits pursuant thereto. However, though

Ext.P6 order has been issued by the DDE,

same has now been challenged by the Manager

before the DGE, through Ext.R3(b) Revision.

6. I am, therefore, of the firm view

that the petitioner must await the fate of

Ext.R3(b), before he can seek that Exts.P2

and P6 be implemented.

In the afore circumstances, I order this

writ petition and direct the DGE to ensure

that Ext.R3(b) Revision filed by the Manager WP(C).No.5594 OF 2020(Y)

is disposed of - culminating in an

appropriate order thereon - as expeditiously

as is possible, but not later than

20.02.2021.

It is needless to say that the resultant

order shall be communicated to the petitioner

and to other parties by the DGE within the

afore fixed time frame.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.5594 OF 2020(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 4/2/2015 IN WP(C) NO.30855/2014 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 31/3/2015 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 2/6/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMMON JUDGMENT DATED 15/10/2018 IN WP(C) NO.4211/2015 AND 29826/2015 OF THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE COMMON JUDGMENT DATED 12/11/2019 IN W.A.NOS.50/2019 AND 254/2019 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 20/1/2020 OF THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 30/1/2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT'S/S EXHIBITS :

EXHIBIT R3(a) TRUE COPY OF THE COMMUNICATION MADE BY THE 3RD RESPONDENT VIDE LETTER NO.9/2014 DATED 11.12.2019.

EXHIBIT R3(b) TRUE COPY OF THE REVISION PETITION DATED 3.2.2020 FILED BY THE 3RD RESPONDENT BEFORE THE DIRECTOR.

//TRUE COPY// P.A. TO JUDGE