Kerala High Court
Dathu Mohan vs State Of Kerala on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.2207 OF 2021(A)
PETITIONER:
DATHU MOHAN
AGED 36 YEARS
S/O.MOHAN KUMAR, ACCOUNTANT (TERMINATED),
BLOCK RESOURCE CENTRE, SAMAGRA SIKSHA KERALA,
WEST GIRLS HIGH SCHOOL COMPOUND,
THIRUMULLAVARAM.P.O, KOLLAM-691012,
RESIDING AT ILLAM,TRA-2,THEVALLY.P.O,
KOLLAM-691009.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE STATE PROJECT DIRECTOR,
SAMAGRA SIKSHA KERALA,SSA BHAVAN,
NANDAVANAM,THIRUVANANTHAPURAM-695033.
3 THE DISTRICT PROJECT CO-ORDINATOR,
SAMAGRA SIKSHA KERALA, WEST GIRLS HIGH SCHOOL
COMPOUND, THIRUMULLAVARAM.P.O, KOLLAM-691012.
4 THE BLOCK PROJECT CO-ORDINATOR,
SAMAGRA SIKSHA KERALA, WEST GIRLS HIGH SCHOOL
COMPOUND, THIRUMULLAVARAM.P.O, KOLLAM-691012.
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2207 OF 2021
2
JUDGMENT
Dated this the 4th day of February 2021
The petitioner has approached this Court seeking the following
reliefs:
"i) To call for the records leading to Ext.P12 and the orders
from the Respondents and issue a writ of certiorari or any
other appropriate writ, order or direction quashing Ext.P12
Order and the orders to the extent it orders declining for
extend the contract of the Petitioner to the post of
Accountant under the Respondents from 07/09/2020.
ii) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the Respondents to renew
the contract of the Petitioner to the post of Accountant from
07/09/2020 by restoring the name of the Petitioner in Ext.P12
Order taking into consideration of the continuity in service
of the Petitioner under the Respondents.
iii) To declare that the Petitioner is entitled to get renewed
the contract to the post of Accountant from 07/09/2020 by
restoring the name of the Petitioner in Ext.P12 Order taking
into consideration of the continuity in service of the
Petitioner under the Respondents.
iv) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1st respondent to consider
and dispose of Ext.P13 to P17 within a stipulated time as
directed by this Hon'ble Court and direct the Respondents 3
and 4 to renew the contract of the Petitioner to the post of
Accountant from 07/09/2020 by restoring the name of the
Petitioner in Ext.P12 Order taking into consideration of the
continuity in service of the Petitioner under the
Respondents."
2. Heard the learned counsel for the petitioner and the
WP(C).No.2207 OF 2021
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that
the petitioner was engaged on a contract basis as Accountant in the
Samagra Siksha Kerala. It is submitted that the petitioner had raised
certain complaints before the respondents and the petitioner's
contract has, therefore, not been renewed. Petitioner has approached
the 1st respondent with Ext.P18 representation and seeks an
expeditious disposal of the same.
4. Having considered the contentions advanced, I am of the
opinion that the representation preferred by the petitioner is liable to
be considered in accordance with law. There will, accordingly, be a
direction to the 1st respondent to take up, consider and pass orders on
Ext.P18 representation preferred by the petitioner within a period of
six weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.2207 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE DATED
24/02/2020 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION
NO.A1/ELS/2020/01 DATED 10/03/2020
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION
NO.A2/SAL/2020/01 DATED 13/03/2020
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED
11/06/2020 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 14/07/2020 SENT BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 25/08/2020 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 26/08/2020 SUBMITTED B THE
PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P8 THE TRUE COPY OF THE REMINDER THROUGH E-
MAIL DATED 26/08/2020 SENT BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P9 THE TRUE COPY OF THE 2019 CORONA
QUARANTINE RELEASE CERTIFICATE DATED
27/07/2020 ISSUED BY THE MEDICAL
OFFICER,URBAN PRIMARY HEALTH CENTRE,
VADDY,KOLLAM TO THE PETITIONER.
EXHIBIT P10 THE TRUE COPY OF THE NOTICE NO.BRC
KLM/305/2020 DATED 27/08/2020 ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER.
WP(C).No.2207 OF 2021
EXHIBIT P11 THE TRUE COPY OF THE REPLY IN EXT.P10
NOTICE DATED 04/09/2020 SENT BY THE
PETITIONER THROUGH E-MAIL TO THE 4TH
RESPONDENT.
EXHIBIT P12 THE TRUE COPY OF THE ORDER
NO.SSK/1095/2020 DATED 07/09/2020 AND THE
DETAILS OF THE WORKERS GRANTED EXTENSION
FOR THEIR PERIOD OF CONTRACT UNDER THE
RESPONDENTS.
EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION DATED
04/09/2020 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P14 THE TRUE COPY OF THE REPRESENTATION DATED
3/11/2020 SUBMITTED BY THE PETITIONER
THROUGH E-MAIL BEFORE THE 3RD RESPONDENT.
EXHIBIT P15 THE TRUE COPY OF THE E-MAIL COMMUNICATION
DATED 04/11/2020 SUBMITTED BY THE
PETITIONER BEFORE THE DISTRICT
COLLECTOR,KOLLAM.
EXHIBIT P16 THE TRUE COPY OF THE REPRESENTATION DATED
08/10/2020 SUBMITTED BY THE PETITIONER
BEFORE THE CHIEF MINISTER OF KERALA.
EXHIBIT P17 THE TRUE COPY OF THE REMINDER DATED
22/11/2020 SUBMITTED BY THE PETITIONER
THROUGH E-MAIL BEFORE THE CHIEF MINISTER
OF KERALA.
EXHIBIT P18 THE TRUE COPY OF THE REPRESENTATION DATED
3.2.2021 FILED BY THE PETITIONER BEFORE
THE CHIEF MINISTER ALONG WITH COPIES TO
THE RESPONDENTS 1 TO 3 BY SPEED POST ITS
POSTAL RECEIPT
RESPONDENT'S/S EXHIBITS: NIL
