Kerala High Court
E Sundara Raj vs The Manager on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WP(C) NO. 14565 OF 2022
PETITIONER/S:
E SUNDARA RAJ
AGED 55 YEARS
S/O. EXAKKIEL,
HIGHER SECONDARY SCHOOL TEACHER IN COMMERCE,
LMS HIGHER SECONDARY SCHOOL,
CHEMBOOR, THIRUVANANTHAPURAM,
RESIDING AT SALMANAM, LEKSHMI VILAKAM,
THAMALAM, POOJAPPURA (P.O.),
THIRUVANANTHAPURAM-695012.
BY ADVS.
GOPAKUMAR R.THALIYAL
N.P.PRAJEESH
RESPONDENT/S:
1 THE MANAGER
LMS HIGHER SECONDARY SCHOOLS, LMS COMPOUND,
PALAYAM, THIRUVANANTHAPURAM, PIN-695033.
2 THE PRINCIPAL,
LMS HIGHER SECONDARY SCHOOL, CHEMBOOR,
OTTASEKHARAMANGALAM,
THIRUVANANTHAPURAM, PIN-695125.
3 THE DIRECTOR,
HIGHER SECONDARY EDUCATION, HOUSING BOARD,
THIRUVANANTHAPURAM, PIN-695001.
4 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, 4TH FLOOR,
CORPORATION BUILDING, PALAYAM,
THIRUVANANTHAPURAM, PIN-695033.
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
WP(C) NO. 14565 OF 2022
2
BY ADVS.
ARUN.B.VARGHESE
AISWARYA V.S.
SMT ANIMA M GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14565 OF 2022
3
JUDGMENT
The petitioner states that while he was working as a Higher Secondary
School Teacher at the L.M.S. Higher Secondary School, Chemboor, he was
placed under suspension w.e.f. 07.08.2008, consequent to the initiation of
disciplinary proceedings by the 1st respondent on the premise that a criminal
case had been registered against him. According to the petitioner, the crime
which was raised simultaneously was referred by the police, and the
petitioner was exonerated. Though another crime was registered, he was
acquitted by the criminal court. The petitioner contends that being aggrieved
by the reluctance on the part of the Manager in reinstating the petitioner, he
approached this Court and filed W.P.(C) No.4592/2019, and this Court issued
Ext.P8 interim order directing the Manager to allow the petitioner to join duty
within a time frame. The petitioner asserts that the respondents have
refused to grant the increment in salary to the petitioner from July 2008, and
he has been denied salary from September 2020 onwards, despite the fact
that he is working as Higher Secondary School Teacher in Commerce. It is in
the afore circumstances that this writ petition is filed seeking the following
reliefs:
i) to issue a writ of mandamus or any other appropriate writ, direction or
order directing the respondents to sanction and disburse the remaining salary
WP(C) NO. 14565 OF 2022
and other benefits of the petitioner from July 2008 to September 2020 with
interest, forthwith.
ii) to issue a writ of mandamus or any other appropriate writ, direction or
order directing the respondents to sanction and disburse the salary and all
other service benefits to the petitioner from October 2020 till date with
interest, forthwith.
iii) to issue a writ of mandamus or any other appropriate writ, direction or
order directing the respondents to finalise the disciplinary proceedings
initiated against the petitioner pursuant to the registration of the criminal case
(Crime No. 726/2012 of Aryancode Police Station), which ended in the
acquittal of the petitioner as per Exhibit P9 judgment.
iv) to issue a writ of mandamus or any other appropriate writ, direction or
order directing the respondents to regularize the leave availed by the
petitioner during his service period.
2. Sri. Gopakumar R. Thaliyal, the learned counsel appearing for the
petitioner, submitted that taking note of the fact that the petitioner was due
to attain superannuation on 4.6.2022, this Court had directed the 4th
respondent to initiate appropriate action to disburse the entire arrears of
salary to the petitioner. It is submitted that in terms of the interim order, the
basic pay and dearness allowance for the period from July 2008 to the date of
retirement has been disbursed. It is further submitted that unless the
disciplinary proceedings are taken to its logical conclusion, the amounts due
to the petitioner on account of revised pay and other monetary benefits will
WP(C) NO. 14565 OF 2022
not be disbursed. It is submitted that the only request at this stage is for the
issuance of directions to the respondents to conclude the disciplinary
proceedings within three months and, thereafter, to initiate steps to disburse
the lawful benefits to which the petitioner is entitled to.
3. I have heard Sri. Arun B. Varghese, the learned counsel appearing
for the 2nd respondent and the learned Senior Government Pleader.
4. Having regard to the facts and circumstances and the submissions
made across the bar, this writ petition is disposed of by issuing the following
directions.
a) There will be a direction to the competent among respondents to
conclude the disciplinary proceedings initiated against the
petitioner within three months from today.
b) There will be a further direction to the respondents to initiate
steps to disburse the lawful benefits due to the petitioner within
a period of two months from the conclusion of the disciplinary
proceedings.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 14565 OF 2022
APPENDIX OF WP(C) 14565/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 18.1.2017.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 27.5.2017.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR LEAVE DATED
1.6.2017.
Exhibit P4 TRUE COPY OF THE FORWARDING LETTER DATED 31.8.2017.
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 12.4.2018.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 27.4.2018.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 14.9.2018.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN WP(C) NO.4592/2019 DATED 1.7.2019.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN SESSIONS CASE
NO.801/2016 PASSED BY THE ADDITIONAL SESSIONS COURT
FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND
SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM DATED 8.5.2019.
Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 23.3.2021.
