Kerala High Court
K.Moideenkutty vs The State Of Kerala on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.7820 OF 2021(B)
PETITIONER:
K.MOIDEENKUTTY
AGED 50 YEARS, SON OF VEERAN MOLLA,
HSA (NS) (UNDER SUSPENSION), PTM YHS, EDAPPALAM,
OTTAPALAM, PALAKKAD DISTRICT 679 101
RESIDING AT KARIMKURAYIL, VADAKKUMPURAM,
MALAPPURAM DISTRICT 676 552
BY ADVS.
SRI.V.RAJASEKHARAN NAIR
SMT.P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM 695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM 695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD 678 001
4 THE DISTRICT EDUCATIONAL OFFICER,
OTTAPPALAM, PALAKKAD DISTRICT 679 101
5 THE MANAGER,
PTM PTM YHS, EDAPPALAM, OTTAPPALAM,
PALAKKAD DISTRICT 679 101
6 THE HEADMASTER
PTM YHS EDAPPALAM, OTTAPPALAM,
PALAKKAD DISTRICT 679 101
SRI.T RAJASEKHARAN NAIR, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7820 OF 2021
2
JUDGMENT
Dated this the 25th day of March 2021
This writ petition is filed seeking the following reliefs :-
"i) call for the records relating to Exhibits P-6 and set aside
the original of the same by the issue of a writ of certiorari or
other appropriate writ or order.
ii) issue a writ of mandamus or other appropriate writ, order
or direction commanding the Respondents to reinstate the
Petitioner in service forthwith.
iii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1 st Respondent to
schedule a hearing pursuant to Exhibit P-7 and issue
consequential orders within a time limit."
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
Ext.P7 revision petition has been preferred by the petitioner against
Ext.P6 order by which an order to reinstate the petitioner in service
has been recalled.
4. Having heard the learned Government Pleader also, I am of the
opinion that since Ext.P7 revision petition has been moved by the
WP(C).No.7820 OF 2021
petitioner before the Government, the same is liable to be considered
in accordance with law.
5. There will, accordingly, be a direction to the 1 st respondent to
take up, consider and pass orders on Ext.P7 revision petition preferred
by the petitioner, with notice to the petitioner as well as the Manager,
within a period of three months from the date of receipt of a copy of
this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.7820 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER NO.
M01/2020 DATED 06-02-2020 ISSUED BY THE
MANAGER TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. K.DIS
B5/960/2020 DATED 17-03-2020 OF THE 4TH
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE APPEAL VIDE LETTER DATED
27-07-2020 FILED BY THE PETITIONER BEFORE
THE DDE, PALAKKAD
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT VIDE ORDER NO. K.DIS
B5/10357/2020 DATED 13-11-2020
EXHIBIT P5 TRUE COPY OF THE REQUEST VIDE LETTER DATED
01-01-2021 SUBMITTED BY THE PETITIONER
BEFORE THE DDE, PALAKKAD
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE DDE
VIDE ORDER ORDER NO. B5/74/2021/K.DIS DATED
16-02-2021
EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BY
THE PETITIONER BEFORE THE GOVERNMENT DATED
15-03-2021 (WITHOUT EXHIBITS)
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.A NO.
1671/2018 DATED 13-08-2018
RESPONDENT'S/S EXHIBITS: NIL
