Kerala High Court
Abdul Nizar P vs The Director Of General Education on 1 July, 2021
WP(C) NO. 13056 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 13056 OF 2021
PETITIONER:
ABDUL NIZAR P, AGED 47 YEARS, H.S.S.T (ENGLISH), R.A.C
HIGHER SECONDARY SCHOOL KADAMERI, KOZHKODE DISTRICT
673542
BY ADVS.
LUIZ GODWIN D COUTH
JOSE KURIAKOSE (VILANGATTIL)
BIJO FRANCIS
RESPONDENTS:
1 DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY EDUCATION
WING), JAGATHY P.O, THIRUVANANTHAPURAM 695014
2 REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,
THEKEPURAM, KUTTICHIRA, KOZHIKODE KERALA 673001
3 THE MANAGER R.A.C HIGHER SECONDARY SCHOOL, KATAMERI,
KOZHIKODE DISTRICT KERALA 673542
4 THE PRINCIPAL R.A.C HIGHER SECONDARY SCHOOL, KATAMERI,
KOZHIKODE DISTRICT KERALA 673542
OTHER PRESENT:
SRI. T. RAJASEKHARAN NAIR- SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13056 OF 2021
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JUDGMENT
This writ petition is filed seeking the following reliefs:
(1) To issue a declaration declaring that the petitioner is
entitled for all service benefits for the suspension period
from 05.11.2016 to till 21.02.2019 on the basis of Ext.P4
order issued by the 3rd respondent.
(2) To issue a writ of mandamus or any other appropriate writ,
order or direction directing the 1st and 2nd respondents to
disburse the salary arrears and other service benefits
attached to the post of HSST (English) to the petitioner for
the period of suspension from 05.11.2016 to till
21.02.2019.
(3) To issue a writ of mandamus or any other appropriate writ,
order or direction directing the 1st respondent to consider
Ext.P5 representation of the petitioner in the interest of
justice.
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. It is submitted by the learned counsel for the petitioner that
seeking regularization of the period of suspension, the petitioner has
approached the 1st respondent with Ext.P5 and seeks a consideration of
the same.
4. The learned Government Pleader submits that the 2 nd
respondent is competent to consider the request made by the petitioner
and in case the petitioner approaches the 2nd respondent, the same will
WP(C) NO. 13056 OF 2021
be considered in accordance with law.
5. The learned counsel for the petitioner submits that a copy of
Ext.P5 representation has been submitted before the 2nd respondent as
well.
Having heard the learned counsel on either side, I am of the
opinion that the request made by the petitioner is liable to be considered
by the 2nd respondent in accordance with law. There will, accordingly,
be a direction that in case the petitioner submits a further copy of
Ext.P5 representation before the 2nd respondent along with a copy of
this judgment, the issue will be considered appropriately by the 2 nd
respondent with notice to the petitioner as well as the Manager 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
SVP
WP(C) NO. 13056 OF 2021
APPENDIX
PETITIONER ANNEXURE
Exhibit P1 A TRUE COPY OF THE JUDGMENT DTD 15.12.2018
IN SC NO.550/2017 OF ADDL DISTRICT AND
SESSIONS JUDGE, KOZHIKODE.
Exhibit P2 A TRUE COPY OF THE ORDER NO.1/2018-19 DTD
01.01.2019 ISSUED BY THE 3RD RESPONDENT
MANAGER
Exhibit P3 A TRUE COPY OF THE ORDER NO.A5/2307/2017
DTD 21.02.2019 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE ORDER NO.1/2018-19 DTD
07.05.2019 ISSUED BY THE 3RD RESPONDENT
MANAGER
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DTD
15.02.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
