V.C.Praveen vs The State Of Kerala
2023 Latest Caselaw 6067 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                       WP(C) NO. 18775 OF 2023
PETITIONER:
           V.C.PRAVEEN
           AGED 52 YEARS
           S/O CHANDRASEKARAN, LAB ASSISTANT( ON LWA), V.P.M.
           S.N.D.P. H.S.S. KAZHIMBRAM, VAZHOOR HOUSE, KARAYAMUTTAM
           P.O, VALAPPAD, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN
           - 680567

            BY ADVS.
            C.D.DILEEP
            SHYLAJA VARGHESE
            M.L.REMYA


RESPONDENTS:
     1     THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II,
           THIRUVANANTHAPURAM, PIN - 695001

    2       THE DIRECTOR OF GENERAL EDUCATION
            (HIGHER SECONDARY DEPARTMENT) HOUSING BOARD BUILDING,
            SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001

    3       THE REGIONAL DEPUTY DIRECTOR
            HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKAULAM, PIN
            - 680024

    4       THE MANAGER
            S.N.D.P. YOGAM SCHOOLS, KOLLAM, PIN - 691001

    5       DEPUTY DIRECTOR ACADEMIC
            (HIGHER SECONDARY DEPARTMENT) HOUSING BOARD BUILDING,
            SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001


OTHER PRESENT:

            SMT.SURYA BINOY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.18775 of 2023

                                      2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.18775 of 2023
          ---------------------------
            Dated this the 9th day of June, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"I. To issue a writ of mandamus or other appropriate, writ, order or directions directing the respondents to permit the petitioner to join in service.

II. To issue a writ of mandamus or other appropriate, writ, order or directions directing the 2 nd respondent to take a decision in the Ext-P11 and to permit the petitioner to join in the service, within two weeks.

III. To issue such other writ, direction or order which this Hon'ble court may deem fit and proper in the circumstance of the case.

IV. Dispense with the filing of translation of vernacular documents. " (SIC)

2. The main grievance of the petitioner is that the

disciplinary proceedings against the petitioner is not

concluded even though this court issued directions in

Ext.P13 judgment. It is submitted that the petitioner

submitted Ext.P11 before the 2nd respondent for joining

duty. The same is not considered. I do not want to make

any observations about the same. There can be a direction

to the 2nd respondent to consider Ext.P11, within a time

frame, after giving an opportunity of hearing to the W.P (C) No.18775 of 2023

petitioner.

Therefore, this writ petition is disposed of with the

following directions:-

i) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P11, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

ii) I make it clear that I have not considered the matter on merit and the 2nd respondent is free to pass appropriate orders, in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.18775 of 2023

APPENDIX OF WP(C) 18775/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE PETITIONER'S APPLICATION FOR LEAVE FROM 16.01.2019 TO 03.07.2023 ALONG WITH UNDERTAKING DATED 04.06.2018.

Exhibit-P2 A TRUE COPY OF THE FORWARDING LETTER NO.E 124/2018 DATED 24.10.2018 OF THE 4TH RESPONDENT.

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 THE APPEAL DATED 26.08.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DGE .

Exhibit-P5 A TRUE COPY OF THE NOTICE NO.E/124/2018 DATED 11.11.2020 TO THE PETITIONER FROM THE MANGER .

Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 15.12.2020 IN WP(C)NO.26675/2020 OF THIS HON'BLE COURT.

Exhibit-P7 A TRUE COPY OF THE ORDER NO.ACD/B2/114993/2018/HSE DATED 30.06.2021 OF THE 2ND RESPONDENT.

Exhibit-P8 A TRUE COPY OF THE ABOVE GOVERNMENT ORDER GO(P) 152/2020/FIN DATED 05/11/2020 AS GUIDE LINE FOR AVAILING LWA IN THE COVID-19 SITUATION

Exhibit-P9 A TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT BASED ON THE EXT-P8 AS CIRCULAR NO.83/2020/G.EDN/FIN DATED 30/12/2020.

Exhibit-P10 A TRUE COPY OF THE MEMO OF THE 2ND W.P (C) No.18775 of 2023

RESPONDENT DATED 09.01.2023 .

Exhibit-P11 A TRUE COPY OF THE WRITTEN EXPLANATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 30.01.2023.

Exhibit-P12 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 31.01.2023.

Exhibit-P13 A TRUE COPY OF THE JUDGMENT DATED 13.02.2023 IN WP(C) 4676 OF 2023 OF THE HON'BLE HIGH COURT.

Exhibit-P14 A TRUE COPY OF THE RTI APPLICATION DATED 28.04.2023 SUBMITTED TO THE RTI OFFICER OF THE 2ND RESPONDENTS OFFICE.

Exhibit-P15 A TRUE COPY OF THE INFORMATION FURNISHED BY THE RTI OFFICER DATED 30.05.2023