C.S Pradeep vs State Of Kerala
2023 Latest Caselaw 4643 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 13354 OF 2023
PETITIONERS:

          C.S PRADEEP
          AGED 47 YEARS
          S/O. CLEMENT, LUCY MANGALAM, MANAKKARA MURI,
          SASTHAMCOTTA VILLAGE, KOLLAM, WORKING AS HST (UNDER
          SUSPENSION), THEVALAKKARA GIRLS HIGH SCHOOL,
          THEVALAKKARA P.O, KOLLAM, PIN - 690524
          BY ADVS.
          K.SIJU
          S.ABHILASH
          ANJANA KANNATH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY
          TO THE GOVERNMENT, GENERAL EDUCATION
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION,
          DPI JUNCTION, JAGATHY P.O,
          THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          PALACE NAGAR, THEVALLY P.O,
          KOLLAM, PIN - 691009
    4     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          CHINNAKKADA, KOLLAM, PIN - 691001
    5     THE MANAGER
          THEVALAKKARA BOYS & GIRLS HIGH SCHOOL,
          ARINALLOOR P.O, KOLLAM, PIN - 690538
 WP(C) NO. 13354 OF 2023

                                    2


    6          THE HEADMASTER
               HIGH SCHOOL FOR GIRLS THEVALAKKARA,
               ARINALLOOR P.O, KOLLAM, PIN - 690538
               BY ADV.
               SMT.SURYA BINOY, SENIOR GP

        THIS    WRIT     PETITION   (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   12.04.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13354 OF 2023

                                  3




                P.V.KUNHIKRISHNAN, J.
               ------------------------------
               W.P.(C)No. 13354 of 2023
       ----------------------------------------------
        Dated this the 12th day of April, 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) To call for records leading to Ext.P1 to P4 and quash the same to the extent of suspension of the petitioner and sanctioning continuation of suspension of the petitioner by issuing a writ of certiorari.

(ii) To issue a writ of mandamus commanding the respondents 4 and 5 to revoke the suspension of the petitioner from the post of HST (Malayalam) and reinstate him in service in the 6 th respondent's school forthwith.

(iii) To issue direction to the 4 th respondent to immediately take up Ext.P7 representation submitted by the petitioner and revoke the suspension of the petitioner from the post of HST (Malayalam) in a time bound manner.

(iv) To pass such other relief's that this Hon'ble court deems fit and proper.

(v) To permit the petitioner to dispense with filing of translation of exhibits in vernacular language along with the writ petition ."[SIC] WP(C) NO. 13354 OF 2023

2. Aggrieved by the permission to extend the

period of suspension of the petitioner, the petitioner filed

Ext.P7 representation before the 4th respondent. The

grievance of the petitioner is that the same is not

considered.

3. Heard counsel appearing for the petitioner and

the learned Government Pleader. No notice is necessary

to respondents 5 and 6 at this stage. If they are

aggrieved by any of the directions issued by this Court,

they are free to file a Review Petition before this Court.

4. Since the limited prayer of the petitioner is

only for a consideration of Ext.P7 within a time frame, I

think that prayer can be allowed.

Therefore, this writ petition is disposed of in the

following manner:

i. The 4th respondent is directed to consider

and pass appropriate orders in Ext.P7 with notice to

the petitioner, as expeditiously as possible, at any WP(C) NO. 13354 OF 2023

rate, within a period of one month from the date of

receipt of a stamped certified copy of this judgment.

ii. Petitioner will produce a stamped certified

copy of this judgment along with a copy of this writ

petition before the 4th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13354 OF 2023

APPENDIX OF WP(C) 13354/2023

PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF SUSPENSION ORDER NO.7/23 SERVED ON THE PETITIONER DATED 1.3.2023 ISSUED BY THE 5TH RESPONDENT EXHIBIT P2 THE COPY OF ORDER NO.DEOKLM/348/2023-

B5 DATED 6.3.2023 PASSED BY THE 4TH RESPONDENT DEO EXHIBIT P3 THE COPY OF ORDER NO.B5/348/2023 DATED 16.3.2023 ISSUED BY THE 4TH RESPONDENT DEO EXHIBIT P4 THE COPY OF PROCEEDINGS OF THE MANAGER DATED 17.3.2023 VIDE NO.10/23 EXHIBIT P5 THE COPY OF COMMUNICATION OF THE 6TH RESPONDENT TO THE MANAGER DATED 11.2.2023 EXHIBIT P6 THE COPY OF LETTER DATED 22.2.2023 SUBMITTED BY THE HEADMASTER BEFORE THE MANAGER EXHIBIT P7 THE COPY OF REPRESENTATION DATED 28.3.2023 TO REVOKE THE SUSPENSION ORDER SUBMITTED BEFORE THE 4TH RESPONDENT

RESPONDENT EXHIBITS: NIL

//TRUE COPY// PA TO JUDGE