T.Mohan vs The State Of Kerala Represented By
2021 Latest Caselaw 4103 Ker

           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.2912 OF 2021(L)

PETITIONER :-

            T.MOHAN, AGED 57 YEARS, S/O.THANKAPPAN,
            T C NO.36/275, NERAR CSI CHURCH,
            KARALI, PALKULANGARA, FORT P.O.,
            THIRUVANANTHAPURAM - 695 024.

            BY ADVS.
            SRI.ANEESH JAMES
            SRI.JIJO THOMAS
            SMT.M.D.BEENA

RESPONDENTS :-

      1     THE STATE OF KERALA REPRESENTED BY
            THE SECRETARY TO THE GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

      2     THE SECRETARY
            GENERAL EDUCATION DEPARTMENT,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

      3     DIRECTOR OF GENERAL EDUCATION
            DIRECTORATE OF GENERAL EDUCATION,
            JAGATHI, THIRUVANANTHAPURAM - 695 014.

      4     DISTRICT EDUCATIONAL OFFICER
            DEO OFFICE, GPO LANE, STATUE, PALAYAM,
            THIRUVANANTHAPURAM - 695 001.

      5     THE MANAGER
            FORT GIRLS MISSION HIGH SCHOOL, FORT P.O.,
            THIRUVANANTHAPURAM - 695 023.

            BY SRI.BIJOY CHANDRAN, GP

     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.2912 OF 2021(L)

                                       -: 2 :-


                                   JUDGMENT

Dated this the 4th day of February, 2021

This writ petition is filed seeking the following prayers :-

"(a) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to grant approval to Exhibit P6 and P7 proceedings of the Manager, Fort Girls' Mission High School, Thiruvananthapuram regularizing the suspension period of the petitioner, which is pending before the 2nd respondent as file No.S2.415/2020 G.Edn., within a time limit to be stipulated by this Hon'ble Court.

(b) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to consider and pass appropriate orders on Exhibit P8 representation within a time limit to be stipulated by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. Having regard to the directions being

issued, notice to the 5th respondent is dispensed with.

3. The learned counsel for the petitioner submits that the

petitioner had been kept under suspension on 22.12.2008 to 5.1.2009

and thereafter for another spell from 22.10.2009 to 18.2.2011. It is

submitted that the request made by the petitioner for regularising the

period of suspension was pending before the 2nd respondent. It is

further submitted that Exts.P6 and P7 proceedings of the Manager

regularising the period of suspension had been forwarded to the 4 th

respondent for approval, but, no orders have been passed thereon. It WP(C).No.2912 OF 2021(L)

is submitted by the learned counsel for the petitioner that the

petitioner retired from service on 31.5.2019. Thereafter, Ext.P8

representation has been submitted before the Government seeking

early orders on Exts.P6 and P7 recommendations of the Manager and

seeking regularisation of the period of suspension. It is submitted

that no pensionary benefits have been disbursed to the petitioner on

account of the fact that the period of suspension has not been

regularised.

Having heard the learned counsel for the petitioner as well

as the learned Government Pleader, I am of the opinion that Ext.P8

representation preferred by the petitioner is liable to be considered

and disposed of in accordance with law. There will, accordingly, be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P8 representation preferred by the petitioner, with notice to the

petitioner as well as the Manager and after hearing them through any

appropriate means including by video conferencing. Orders shall be

passed within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.2.2021 WP(C).No.2912 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 20.12.2008 OF THE MANAGER, FORT GIRLS MISSION HIGH SCHOOL THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 22.10.2009 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (GENERAL).

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 18/02/2011 OF THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (GENERAL).

EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE MANAGER, FORT GIRLS MISSION HIGH SCHOOL DATED DATED 19/08/2013.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 17/06/2015 OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM.

EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS NO. 1/2017 DATED 15.05.2017 OF THE MANAGER, FORT GIRLS MISSION HIGH SCHOOL, THIRUVANANTHAPURAM.

EXHIBIT P7 A TRUE COPY OF THE PROCEEDINGS NO. 2/2017 DATED 15.05.2017 OF THE MANAGER, FORT GIRLS MISSION HIGH SCHOOL, THIRUVANANTHAPURAM.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 03.12.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE