Aouse K.V vs State Of Kerala
2021 Latest Caselaw 14834 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                         WP(C) NO. 13124 OF 2021
PETITIONER:
              AOUSE K.V.
              AGED 45 YEARS
              SECTION ASSISTANT, SCOLE-KERALA, DISTRICT OFFICE,
              GOVERNMENT MODEL HIGHER SECONDARY SCHOOL CAMPUS,
              KOZHIKODE-1, RESIDING AT VALIYATHODY HOUSE, CHERUVAYOOR
              P.O.MALAPPURAM DISTRICT

              BY ADVS.
              GEORGE ABRAHAM
              JOBY D JOSEPH


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

     2        THE STATE COUNCIL FOR OPEN AND LIFELONG EDUCATION,
              (SCOLE-KERALA), REPRESENTED BY ITS SECRETARY, SCOLE-
              KERALA, VIDYA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM-695
              012.

     3        THE SECRETARY
              THE STATE COUNCIL FOR OPEN AND LIFELONG EDUCATION,
              (SCOLE-KERALA) SCOLE-KERALA, VIDYA BHAVAN, POOJAPPURA,
              THIRUVANANTHAPURAM-695 012.

     4        THE EXECUTIVE DIRECTOR
              THE STATE COUNCIL FOR OPEN AND LIFELONG EDUCATION,
              (SCOLE-KERALA) SCOLE-KERALA, VIDYA BHAVAN, POOJAPPURA,
              THIRUVANANTHAPURAM-695 012.

              BY ADV.P.C.SASIDHARAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13124 OF 2021
                                       2

                                JUDGMENT

This writ petition is filed seeking the following reliefs:-

(i) to issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P-15 order issued by the 4 th respondent.

(ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to permit the petitioner to rejoin as Section Assistant at the District Officer, Calicut, under the 2nd respondent.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned Standing

Counsel appearing for respondents 2 to 4.

3. It is submitted that the petitioner was engaged as

Clerical Assistant on daily wages under the 2 nd respondent

council. It is submitted that he fell ill and was unable to attend

office during February, 2021. It is submitted that he had

obtained certificates to show that he was tested positive for

COVID-19 for a period from 13.02.2021 to 01.03.2021.

However, without considering the physical ailments of the WP(C) NO. 13124 OF 2021

petitioner, his services had been terminated.

4. The learned Standing Counsel appearing for

respondents 2 to 4 submits that the petitioner was only a daily

wage worker and he had abstained from work without any

information. It is submitted that, due to exigencies of service,

the respondents had no other option but to do away with the

petitioner's services since he was only a daily wage employee.

5. The learned counsel for the petitioner submits that

the documents produced by him along with this writ petition

would show that he had valid medical reasons for not attending

office during the relevant time.

6. It is for the petitioner to place such materials before

the competent authority under the employer.

7. Having considered the contentions advanced, the

following directions are issued:-

i) In case the petitioner approaches the 4 th respondent with a representation producing the documents that he has relied on this writ petition and any other material that he may wish to rely on, the said WP(C) NO. 13124 OF 2021

representation shall be taken by the 4th respondent and placed before the 2nd respondent for a consideration.

ii) The 2nd respondent shall consider the representation and documents produced and pass orders thereon, after hearing the petitioner through any appropriate means including video conferencing, as expeditiously as is possible.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/15.07.2021 WP(C) NO. 13124 OF 2021

APPENDIX OF WP(C) 13124/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF CERTIFICATE ISSUED BY THE STATE COORDINATOR DATED 7.10.2006

Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO A1/2266/2016/SCOLE-KERALA OF THE 4TH RESPONDENT DATED 14.12.2016

Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 1.3.2019 WP(C) NO 9839/2018

Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO 27047/2017 DATED 11.10.2019

Exhibit P5 TRUE COPY OF THE COMMUNICATION A1/637/2019/SCOLE-KERALA DATED 24.12.2020 ISSUED BY THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 5.1.2021

Exhibit P7 TRUE COPY OF THE COMMUNICATION A1/707/2019/SCOLE-KERALA ISSUED BY THE 4TH RESPONDENT DATED 26.3.2019

Exhibit P8 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, ESIC ON 6.2.2021

Exhibit P9 TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, ESIC, ON 13.2.2021

Exhibit P10 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, ESIC, ON 3.3.2021

Exhibit P11 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, ESIC, ON 19.3.2021 WP(C) NO. 13124 OF 2021

Exhibit P12 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, ESIC ON 21.4.2021

Exhibit P13 TRUE COPY OF THE COVID-19 QUARANTINE RELEASE CERTIFICATE DATED 1.3.2021

Exhibit P14 TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER DATED 19.3.2021

Exhibit P15 TRUE COPY OF THE ORDER NO 200/2021/SCOLE-

KERALA PASSED BY THE 4TH RESPONDENT DATED 20.4.2021 TERMINATING THE SERVICE OF THE PETITIONER.