Ansar Hussain K.S vs The Kerala State Centre For ...
2021 Latest Caselaw 15017 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                    WP(C) NO. 13775 OF 2021
PETITIONER :-

          ANSAR HUSSAIN K.S., AGED 50 YEARS
          S/O.SHAHUL HAMEED, RESIDING AT
          KAVATHIYOTT PUTHENVEEDU HOUSE, KARALIKKONAM P.O.,
          AYOOR, KOLLAM - 688 527

          BY ADVS.
          C.V.MANUVILSAN
          P.CHANDRASEKHAR
          SHEEBA G
          O.A.ANJU
          SARATH KRISHNAN T.


RESPONDENTS :-

    1     THE KERALA STATE CENTRE FOR ADVANCED PRINTING (C-APT)
          HEAD OFFICE COMPLEX, VATTIYOORKAAVU,
          THIRUVANANTHAPURAM-695 013,
          REPRESENTED BY ITS MANAGING DIRECTOR

    2     THE CHAIRMAN,
          KERALA STATE CENTRE FOR ADVANCED PRINTING (C-APT),
          HEAD OFFICE COMPLEX, VATTIYOORKAAVU,
          THIRUVANANTHAPURAM-695 013

    3     THE STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY,
          DEPARTMENT OF HIGHER EDUCATION,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

          SRI. BIJOY CHANDRAN-SR. G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13775 OF 2021

                                    -: 2 :-


                                 JUDGMENT

Dated this the 16th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"i. Declare that the acceptance of Petitioner's resignation is totally against the procedure prescribed by the Rule 2.70 of the Service Rules of the Centre and any order passed by the 1st respondent in contravention of the procedure is a non- est.

ii. Issue a Writ of Mandamus, order or Direction or any other appropriate Directions directing the Respondents to reinstate the petitioner back in service to the post which he was holding immediately prior to the acceptance of his resignation.

iii. Issue a Writ of Mandamus, order or Direction or any other appropriate Directions directing the 2nd respondent to consider and pass appropriate order on Exhibit P6 by affording the petitioner a reasonable opportunity of being heard."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned Standing Counsel

appearing for respondents 1 and 2.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was an employee of the 1 st respondent. He had

submitted an application before the 1st respondent for NOC to contest WP(C) NO. 13775 OF 2021

in the local body election. When NOC was not granted, the petitioner

had to resign from service. By Ext.P6, the petitioner has now

approached the respondents with a representation seeking

permission to withdraw his resignation.

4. Having heard the learned Standing Counsel also, I am of

the opinion that the representation is to be considered by the 1 st

respondent. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P6

representation preferred by the petitioner, with notice to the

petitioner also and after hearing him through any appropriate means

including video conferencing, within two months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.7.2021 WP(C) NO. 13775 OF 2021

APPENDIX OF WP(C) 13775/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE APPLICATION DATED 04.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE RULES OF THE 1ST RESPONDENT (RULE NO.270)

Exhibit P3 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT SEEKING RESIGNATION FROM SERVICE AND DISBURSEMENT OF SERVICE BENEFITS

Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO.C-APT/8307/98/EST ISSUED BY THE 1ST RESPONDENT DATED 16.11.2020 TERMINATING THE PETITIONER FROM SERVICE

Exhibit P5 TRUE PHOTOCOPY OF THE LETTER NO.29347/J1/15/H.EDN ISSUED BY THE 3RD RESPONDENT TO THE DIRECTOR, IHRD (WITH TYPED COPY)

Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 26.03.2021 TO THE 1STRESPONDENT REQUESTING THE PETITIONER TO THE PERMIT HIM TO WITHDRAW HIS RESIGNATION LETTER AND TO SET ASIDE OR WITHDRAW THE ORDER DATED 16.11.2020