V.C.Praveen vs State Of Kerala
2023 Latest Caselaw 1815 Ker

Citation : 2023 Latest Caselaw 1815 Ker
Judgement Date : 1 February, 2023

Kerala High Court

V.C.Praveen vs State Of Kerala on 1 February, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                   WP(C) NO. 19381 OF 2021
PETITIONER:

          V.C.PRAVEEN
          AGED 52 YEARS
          LAS ASSISTANT,
          V.P.M.S.N.D.P.H.S.S.KAZHIMBRAM,VAZHOOR HOUSE,
          KARAYAMUTTAM P.O., VALAPPAD, CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN-680 567
          BY ADV C.D.DILEEP

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE -II, THIRUVANANTHAPURAM,PIN-695
          001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THYCAUD P.O.,
          THIRUVANANTHAPURAM, PIN-695 014
    3     THE REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION, EDAPPALLY,
          ERNAKULAM, PIN-680 024
    4     THE MANAGER,
          S.N.D.P.YOGAM SCHOOLS, KOLLAM,PIN-691 001
          BY ADVS.SMT.SURYA BINOY
          ADVOCATE GENERAL OFFICE KERALA
          A.N.RAJAN BABU


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.19381/2021

                                       2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.19381 of 2021
               ----------------------------------------------
            Dated this the 01st day of February, 2023


                                JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of Certiorari or other appropriate, order or directions quashing the Ext-P8 order of the 2nd respondent declaring that the said order is unsustainable.

ii. To issue a writ of Mandamus or other appropriate, order or directions commanding the 2 nd respondent DGE to reconsider the Ext-P5 and sanction leave without allowance to the petitioner for the period from 16.01.2019 to 03.07.2023. iii. To issue a writ of Mandamus or other appropriate, order or directions directing the 4th respondent Manager to keep in abeyance all further proceedings pursuant to Ext-P4 and Ext-P6. iv. To issue such other writ, direction or order which this Hon'ble court may deem fit and proper in the circumstance of the case.

(SIC) WP(C).No.19381/2021

2. When this writ petition came up for consideration,

after arguing for sometime, the counsel for the petitioner

submitted that the petitioner want to challenge Ext.R2(b).

Hence the counsel submitted that he may be permitted to

withdraw the writ petition with liberty to challenge Ext.R2(b)

in accordance to law.

Therefore, this writ petition is dismissed as withdrawn,

reserving the aforesaid right to the petitioner.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.19381/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF LETTER NO.E 124/2018 DATED 2.10.2018 OF THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE PETITIONERS APPLICATION FOR LWA EXTENSION FROM 16.01.2019 TO 03.07.2023 ALONG WITH UNDERTAKING DATED 04.06.2018 Exhibit P3 A TRUE COPY OF THE LETTER NO.A6/9122/R.D.D/H.S.D./EKM/19 DATED 09.08.2019 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF LETTER NO.E/124/2018 DATED 17.08.2019 ISSUED BY THE 4TH RESPONDENT MANAGER TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE APPEAL DATED 26.08.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DGE Exhibit P6 A TRUE COPY OF THE NOTICE NO.E/124/2018 DATED 11.1.2020 ISSUED BY THE 4TH RESPONDENT Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 15.12.2020 IN WPC NO.26675/2020 OF THE HON'BLE HIGH COURT Exhibit P8 A TRUE COPY OF THE ORDER NO.ACD/B2/114993/2018/HSE DATED 30.062021 OF THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE GOVERNMENT ORDER GO(P) 152/2020/FIN DATED 05.11.2020 Exhibit P10 A TRUE COPY OF THE CIRCULAR NO.83/2020/G.EDN /FIN DATED 30.12.2020 RESPONDENT EXHIBITS Exhibit R2(a) True copy of the Order No. Acd A2/10403/2013/HSE dated. 13.1.14 of the DGE, Tvm Exhibit R2(b) True copy of the letter No. 2429182/T1/2018/GEdn dated. 11.5.18 of General Education (T) Department. Exhibit R2(c) True copy of the letter No. Acd.A2/114993/2018/HSE dated. 17.8.18 WP(C).No.19381/2021

PETITIONER EXHIBITS Exhibit -P11 A TRUE COPY OF THE ORDER NO.SC(2)/58552/2015/DPI DATED 21/07/2015 ISSUED TO SMT. LINDA MATHEW, HSA, (PS) ST.AUGUSTINE HSS, KUTTANELLUR, THRISSUR Exhibit- P12 A TRUE COPY OF THE LWA ORDER NO.864/2022/GEDN DATED 15/02/2022 OF THE GOVERNMENT ISSUED TO LINDA MATHEW