Kerala High Court
Bipin Chandran vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP(KAT) NO. 144 OF 2022
PETITIONER/APPLICANT IN THE OA
BIPIN CHANDRAN, AGED 44 YEARS
S/O. K.R.CHANDRAN, H.S.S.T. (MAL.),
MATTUMMAL GOVERNMENT HIGHER SECONDARY SCHOOL,
ADAVANAD, MALAPPURAM-676 505,, PIN - 682006
RESIDING AT PEDINJARE VEETTIL, BABU NIVAS,
T&R CROSS ROAD, THOPPUMPADY P.O.,
ERNAKULAM, KOCHI-682006
BY ADVS.
ELVIN PETER P.J.
ABHIJITH.K.ANIRUDHAN
SREELEKSHMI A.S.
K.R.GANESH
GOURI BALAGOPAL
RESPONDENTS/RESPONDENTS IN THE OA:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001., PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,
HIGHER SECONDARY (WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001., PIN - 695001
3 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001., PIN - 695001
BY SR.GOVERNMENT PLEADER, SRI.UNNIKRISHNA KAIMAL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) No.144 of 2022
2
A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
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OP(KAT) No. 144 of 2022
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Dated this the 23rd day of June 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This OP(KAT) has been filed by the applicant in OA
No.789 of 2022 before the Kerala Administrative Tribunal.
Additional Bench, Ernakulam, aggrieved by the interim order
dated 3.6.2022 of the Tribunal in the said O.A. to the extent it
refused the interim relief sought for by the applicant to
continue under Leave Without Allowance (LWA) on the basis of
Annexures A4 to A6 applications produced along with the O.A.
2. When the matter came up for admission before this
Court, after finding that Annexure A9 order of the Government
that mandated that the applicant should re-join duty in the
Kottayam Edakunnam Higher Secondary School, as an HSST
(Malayalam), did not consider the specific provisions of
Annexure A10 order dated 5.11.2020 and Annexure A11
circular dated 30.12.2020, we granted an interim stay of further
proceedings pursuant to the impugned order of the Tribunal
OP(KAT) No.144 of 2022
and permitted the petitioner to continue under LWA in
continuation of Annexure A2 order pending disposal of this
OP(KAT). We had also requested the learned Government
Pleader to produce a copy of the communication issued by the
Government pursuant to which the DPI had passed Annexure A9
order.
3. When the matter was taken up today, the learned
Government Pleader produces a communication dated
31.05.2022, the reference cited 3rd in Annexure A9 order. We
find from the perusal of the said communication that the
Government too did not take into account the specific
provisions of Annexure A10 order and Annexure a11 circular
referred above while issuing the said communication. Prima
facie, therefore, we are convinced that the petitioner herein has
made out a case warranting an interim order as prayed for in
the O.A. before the Tribunal.
4. Inasmuch as we do not see any purpose of retaining
the OP(KAT) herein since it is filed against an interim order of
the Tribunal, refusing to grant the interim relief prayed for by
the petitioner, we dispose the OP(KAT) by relegating the
petitioner to pursue the O.A. before the Tribunal, making it
OP(KAT) No.144 of 2022
clear however that the interim order granted by this Court on
8.6.2022 shall continue remain in force, pending disposal of the
O.A by the Tribunal.
The Original Petition(KAT) is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR,
JUDGE
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
dlk 23.6.2022
OP(KAT) No.144 of 2022
APPENDIX OF OP(KAT) 144/2022
PETITIONER'S ANNEXURES
AnnexureA1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
KERALA STATE CHALACHITHRA ACADEMY,
DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT
OF KERALA.
AnnexureA2 TRUE COPY OF THE ORDER NO.
AD.C5/61635/H.S.E./ 2016 DATED 12.04.2017
ISSUED BY THE 2ND RESPONDENT.
AnnexureA3 TRUE COPY OF THE AGREEMENT DATED
15.01.2020 EXECUTED BY THE APPLICANT WITH
SRI. NOBLE JOSE THE PRODUCER OF THE MOVIE.
AnnexureA4 TRUE COPY OF THE APPLICATION DATED
16.02.2022 SUBMITTED BY THE APPLICANT FOR
EXTENSION OF HIS LEAVE THROUGH THE
PRINCIPAL GHSS, EDAKUNNAM.
AnnexureA5 TRUE COPY OF THE COMMUNICATION DATED
16.02.2022 ISSUED BY THE PRINCIPAL TO THE
2ND RESPONDENT.
AnnexureA6 TRUE COPY OF THE APPLICATION FOR EXTENSION
DATED 17.05.2022 SUBMITTED BY THE
APPLICANT BEFORE THE 2ND RESPONDENT.
AnnexureA7 : TRUE COPY OF THE COMMUNICATION DATED
17.05.2022 ISSUED BY THE PRINCIPAL TO THE
2ND RESPONDENT.
AnnexureA8 TRUE COPY OF THE JUDGMENT DATED 04.02.2022
IN O.P. (KAT) NO. 344/2021 OF THE HON'BLE
HIGH COURT OF KERALA.
AnnexureA9 TRUE COPY OF THE ORDER NO. AD.
C5/61635/H.S.E./ 2016 DATED 31.05.2022
ISSUED BY THE 2ND RESPONDENT REJECTING THE
EXTENSION OF LEAVE WITHOUT ALLOWANCE
APPLIED FOR BY THE APPLICANT.
AnnexureA10 : TRUE COPY OF THE ORDER G.O.(P) NO.
152/2020/FIN. DATED 05.11.2020 ISSUED BY
OP(KAT) No.144 of 2022
THE GOVERNMENT.
AnnexureA11 TRUE COPY OF THE CIRCULAR NO. 83/2020/FIN.
DATED 30.12.2020 PRESCRIBING GUIDELINES
FOR SANCTIONING LWA.
ExhibitP1 TRUE COPY OF THE O.A. (EKM.) NO. 789/2022
FILED BY THE PETITIONER BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM, ADDITIONAL BENCH AT
ERNAKULAM.
ExhibitP2 TRUE COPY OF THE INTERIM ORDER DATED
03.06.2022 IN O.A. (EKM.) NO. 789/2022 OF
THE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM,
ADDITIONAL BENCH AT ERNAKULAM.
