Besy George N vs The State Of Kerala
2023 Latest Caselaw 6483 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                    WP(C) NO. 18778 OF 2023
PETITIONER/S:
          BESY GEORGE N, AGED 48 YEARS
          D/O N. GEORGE SAMUEL, HEADMISTRESS (UNDER
          SUSPENSION), DR. C.T. EAPEN MEMORIAL RESIDENTIAL
          HIGHER SECONDARY SCHOOL, MUTHUPILAKKAD,
          SASTHAMKOTTA, KOLLAM DISTRICT (RESIDING AT
          NALAMVELIL, MANAKKARA, BHARANIKKAVU,
          SASTHAMKOTTA, KOLLAM DISTRICT-690 521), PIN -
          690520
          BY ADV V.A.MUHAMMED
RESPONDENT/S:
    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
          II, THIRUVANANTHAPURAM, PIN - 695001
    2     THE DEPUTY DIRECTOR OF EDUCATION
          THEVALLY, KOLLAM, PIN - 691009
    3     THE DISTRICT EDUCATIONAL OFFICER
          KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506
    4     THE ASSISTANT EDUCATIONAL OFFICER
          SASTHAMKOTTA, KOLLAM DISTRICT, PIN - 690521
    5     THE MANAGER
          DR. C.T. EAPEN MEMORIAL RESIDENTIAL HIGHER
          SECONDARY SCHOOL, MUTHUPILAKKAD, SASTHAMKOTTA,
          KOLLAM DISTRICT, PIN - 690520
OTHER PRESENT:
          SMT.SURYA BINOY, GP,
          SRI.JOHN JOSEPH VETTIKKAD FOR R5
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 18778 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 18778 of 2023
                         =============================================================

                       Dated this the 13th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th Respondent to reinstate the Petitioner in service in implementation of Exhibit P-4 forthwith.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to disqualify the 5th Respondent Manager for not complying with Exhibit P-4 Government Order.

(iii) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

(iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case." (sic)

2. The main prayer of the petitioner is that even after Ext.P4

order passed by the Government, the manager has not reinstated the

petitioner. Now the counsel appearing for the 5th respondent

submitted that immediately after receiving Ext.P4 order from the

W.P.(C). No. 18778 of 2023

Office of the 3rd respondent, an order was passed reinstating the

petitioner in service as per proceedings No.DCTERHSS/Disc-1/2022

dated 12.06.2023. In the light of the above submission, no further

directions are necessary.

Recording the above submission, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 18778 of 2023

APPENDIX OF WP(C) 18778/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE ORDER NO. DCTERHSS/DISC- 1/2022 DATED 04.02.2022 Exhibit P-2 TRUE COPY OF THE ENQUIRY REPORT VIDE LETTER NO. B6/687/2022 DATED 30.07.2022 OF THE DEO, KOTTARAKKARA ALONG WITH THE ENQUIRY REPORT DATED 30.07.2022 Exhibit P-3 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 22901/2022 DATED 27.7.2022 Exhibit P-4 TRUE COPY OF THE G.O. (RT.) NO.

3246/2023/GEDN DATED 03.06.2023 Exhibit P-5 TRUE COPY OF THE CIRCULAR NO.

J1/164/19/G.EDN. DATED 28.06.2019