Hyman.P.P vs State Of Kerala
2021 Latest Caselaw 8340 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.5438 OF 2021(D)


PETITIONER:

               HYMAN.P.P
               AGED 54 YEARS
               PHYSICAL EDUCATION TEACHER,
               VIVEKASAGARAM UPPER PRIMARY SCHOOL, VELLARAKKAD P.O,
               THRISSUR DISTRICT, PIN - 680584.

               BY ADVS.
               SRI.M.A.FAYAZ
               SMT.M.VISHNUPRIYA
               SMT.C.B.ABHINAVA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO THE GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               ANNEXURE - II, THIRUVANANTHAPURAM - 695001.

      2        DIRECTOR GENERAL OF EDUCATION
               JAGATHI, THIRUVANANTHAPURAM - 695014

      3        DISTRICT EDUCATIONAL OFFICER CHAVAKKAD,
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD,
               CHAVAKKAD, THRISSUR - 680506.

      4        ASSISTANT EDUCATION OFFICER
               KUNNAMKULAM, OFFICE OF THE ASSISTANT EDUCATIONAL
               OFFICER, KUNNAMKULAM, KUNNAMKULAM,
               THRISSUR - 673571.

      5        MANAGER
               VIVEKASAGARAM UPPER PRIMARY SCHOOL,
               VELLARAKKAD P.O, THRISSUR DISTRICT, PIN - 680584.

               SR GP, NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5438 OF 2021

                                          2


                                  JUDGMENT

Dated this the 12th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a Writ of mandamus directing the 1 st respondent to consider to pass order on Ext.P10 Revision Petition filed by the Manager forthwith, or within a time stipulated by this Hon'ble Court.

ii) To declare that pursuant to Ext.P2 GO, and Manager imposing Major Penalty of barring increments with cumulative effect till petitioner's retirement vide Ext.P6 and the 3rd respondent DEO approving the same vide Ext.P7, Petitioner is entitled to get the leave period from 19.08.2011 to 18.08.2016 regularized by the 1st respondent.

iii) To direct the 4th respondent to sanction and disburse salary to the petitioner from the date on his rejoining that is w.e.f. 19.08.2016 onwards, forthwith."

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 the

manager of the school has submitted Ext.P10 revision petition before

the Government seeking regularization of the period of suspension of

the petitioner from 19.08.2011 to 18.08.2016. It is submitted that a

signed and sealed copy of Ext.P10 revision petition is produced by the WP(C).No.5438 OF 2021

petitioner as Ext.P11.

4. Having heard the learned Government Pleader also, there will be

a direction to the 1st respondent to take up, consider and pass orders

on Ext.P10 revision petition preferred by the 5 th respondent Manager

before the 1st respondent, with notice to the Manager as well as the

petitioner. Orders shall be passed 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 NP WP(C).No.5438 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 15.07.1999.

EXHIBIT P2 PHOTOCOPY OF G.O(MS) NO. 2761/2020/G.EDN DATED 12.10.2020.

EXHIBIT P3 PHOTOCOPY OF THE PROCEEDINGS NO.B1/5552/2020 DATED 27.11.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF LETTER ISSUED BY 5TH RESPONDENT MANAGER DATED 05.1.2020.

EXHIBIT P5 PHOTOCOPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXT.P4 DATED 08.01.2021.

EXHIBIT P6 PHOTOCOPY OF PROCEEDINGS NO. C11-11 DATED 11.01.2021 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P7 PHOTOCOPY OF PROCEEDINGS NO.B1/5552/2020 DATED 15.01.2021.

EXHIBIT P8 PHOTOCOPY OF LETTER ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 28.01.2021.

EXHIBIT P9 PHOTOCOPY OF LETTER NO.B-428/2020 DATED 01.02.2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P10 PHOTOCOPY OF THE REVISION PETITION FILED BY THE MANAGER DATED 25.01.2021 WITHOUT EXHIBITS.

EXHIBIT P11 PHOTOCOPY OF REVISION PETITION FILED BY THE 5TH RESPONDENT CONTAINING THE SEAL AND SIGNATURE OF THE MANAGER DATED 2.2.2021

RESPONDENT'S/S EXHIBITS: NIL