P.Uthumankutty vs Krishnakumar M
2021 Latest Caselaw 14118 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                            WA NO. 677 OF 2021
  AGAINST THE JUDGMENT DATED 07-04-2021 IN WP(C) 7619/2021 OF HIGH
                             COURT OF KERALA
APPELLANT/6TH RESPONDENT:

             P.UTHUMANKUTTY,
             AGED 55 YEARS, S/O. SAIDALAI,
             HEADMASTER (NOW UNDER SUSPENSION),
             SREE DEVI VILASOM MEMORIAL AIDED LOWER PRIMARY SCHOOL,
             CHUNANGAD, CHUNANGAD P.O, PALAKKAD DISTRICT,
             RESIDING AT PADIPURAKKAL HOUSE, AMBALAPARA POST,
             PALAKKAD DISTRICT 679 101.

             BY ADVS.
             T.MADHU
             SMT.C.R.SARADAMANI
             SRI.SHAHID AZEEZ
             SMT.CHANDRALEKHA SANU



RESPONDENTS/APPELLANT & RESPONDENTS 1 TO 5:

     1       KRISHNAKUMAR M,
             AGED 47 YEARS, S/O. BABY RAMAKRISHNAN,
             MANAGER, SREE DEVI VILASOM MEMORIAL AIDED LOWER PRIMARY
             SCHOOL, CHUNANGAD, OTTAPALAM, PALAKKAD 679 511,
             RESIDING AT NELLIKKURISSI, POST MULANCHUR, CHUNANGAD
             (VIA), OTTAPALAM, PALAKKAD 679 511.

     2       THE STATE OF KERALA,
             DEPARTMENT OF GENERAL EDUCATION,
             SECRETARIAT, THIRUVANANTHAPURAM 695 001
             REPRESENTED BY ITS SECRETARY.
 WA No.677/2021                    -2-

      3      THE DIRECTOR GENERAL OF EDUCATION,
             OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
             JAGATHI, THIRUVANANTHAPURAM 695 014.

      4      THE DEPUTY DIRECTOR OF EDUACATION
             CIVIL STATION, PALAKKAD 678 001.

      5      THE DISTRICT EDUCATIONAL OFFICER,
             MUNICIPAL COMPLEX, ROBINSON ROAD,
             OPPOSITE GOVERNMENT HOSPITAL,
             SULTANPET, PALAKKAD 678 014.

      6      THE ASSISTANT EDUCATIONAL OFFICER,
             OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
             OTTAPPALAM 679 014.

             R1 BY ADV. K. ANAND
             R2 TO R6 BY SR. GOVT. PLEADER SRI. A.J. VARGHEESE
      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.677/2021                         -3-

                                JUDGMENT

Gopinath, J:

When the writ appeal came up for admission today, the learned counsel for

the appellant submits that the writ appeal had been filed to obtain an order for

reinstatement of the appellant who was under orders of suspension, before the

date of his retirement. He submits that the appellant has retired on 31-05-2021

and therefore the writ appeal may be dismissed as withdrawn. In the nature of

the disputes raised and taking note of the subsequent events, we deem it

appropriate to direct the Assistant Educational Officer, the 6 th respondent to

complete the enquiry against the appellant within a period of 6 weeks from

today, in modification of the time granted by the learned Single Judge. No other

orders are required to be passed in view of the submission of the learned counsel

for the appellant. Writ appeal will stand closed with the above direction.

Sd/-

A.K. JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WA 677/2021

PETITIONER ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE PROCEEDINGS DATED 30-09-2005 OF THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM.

ANNEXURE A2 THE TRUE COPY OF THE PROCEEDINGS DATED 7-1-2008 OF THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM.

ANNEXURE A3 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 19-03-2002 ISSUED BY THE GOVERNMENT OF KERALA.

ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT DATED 6-3-2019 IN W.P(C0 NO. 6681/2019 ON THE FILES OF THIS HONOURABLE COURT.

ANNEXURE A5 THE TRUE COPY OF THE JUDGMENT DATED 21-05-2019 IN W.A NO. 1235/2019 ON THE FILES OF THIS HONOURABLE COURT