Kerala High Court
P.K.Hassainar vs The State Of Kerala on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.12105 OF 2018(K)
PETITIONER:
P.K.HASSAINAR
SON OF AHAMED, AGED 55 YEARS,
LG ARABIC TEACHER, ALP SCHOOL, VAZHAYUR P.O.
VAZHAYUR EAST, MALAPPURAM-673 633.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
DOWN HILL, MALAPPURAM-676 519.
4 THE ASSISTANT EDUCATIONAL OFFICER
KONDOTTY, MALAPPURAM DISTRICT-673 838.
5 THE MANAGER
ALP SCHOOL, VAZHAYUR, P.O.
VAZHAYUR EAST,MALAPPURAM-673 633.
R5 BY ADV. SRI.K.JAJU BABU (SR.)
R5 BY ADV. SMT.M.U.VIJAYALAKSHMI
R5 BY ADV. SRI.BRIJESH MOHAN
SR GP, NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12105 OF 2018
2
JUDGMENT
Dated this the 24th day of March 2021
This writ petition is filed seeking the following reliefs :-
"i) call for the records relating to Exhibits P-5, P-6 and P-7
and set aside the originals of the same by the issue of a writ
of certiorari or other appropriate writ or order.
ii) declare that the Petitioner is entitled to get regularized
his period of suspension as duty
iii) issue a writ of mandamus or other appropriate writ order
or direction commanding Respondents to regularize the
period of suspension of the Petitioner as duty and disburse
all consequential benefits.
iv) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1 st Respondent to
effectively consider and pass appropriate orders upon Exhibit
P-8 after affording an opportunity of being heard to the
Petitioner 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 as
against Ext.P7 order of the DEO, the petitioner has approached the
Government with Ext.P8 revision petition and seeks a consideration of
the same. It is contended that the petitioner has been exonerated of
WP(C).No.12105 OF 2018
all charges against him and that the period spend under suspension is
therefore liable to be treated as duty for all purposes.
4. Since the petitioner has already approached the 1 st respondent
with Ext.P8 revision petition, I am of the opinion that it is to be
considered in accordance with law. There will, accordingly, be a
direction to the 1st respondent to take up, consider and pass orders on
Ext.P8 revision petition preferred by the petitioner, with notice to the
petitioner as well as the 5th respondent and after hearing them,
through any appropriate means, including by video conferencing,
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.12105 OF 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.1/2013 OF THE
MANAGER DATED 04/01/2013.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT SESSIONS CASE
NO.336/2013 DATED 11/04/2016 OF THE SPECIAL
COURT FOR TRIAL OF OFFENCES AGAINST
CHILDREN (ADDL. SESSIONS COURT).
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE ASSISTANT EDL. OFFICER DATED
05/07/2016
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER
DATED 14/10/2016.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.C/128/2013 DATED
30/03/2017 OF THE ASSISTANT EDUCATIONAL
OFFICER.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.8/17 DATED
02/05/2017 OF THE MANAGER.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.B1/3769/2017 OF
THE DISTRICT EDUCATIONAL OFFICER DATED
22/01/2018.
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT DATED
12/03/2018.
RESPONDENT'S/S EXHIBITS: NIL
