Muhammed Salih.P vs Assistant Educational Officer
2023 Latest Caselaw 4249 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         W.P.(C) NO.11575 OF 2023
PETITIONER:

              MUHAMMED SALIH P.,
              AGED 37 YEARS, SON OF ABDURAHIMAN P.,
              LPST, AMUP SCHOOL, VALLUVABRAM,
              MALAPPURAM-676 517.

              BY ADV. TONY AUGUSTINE


RESPONDENTS:

     1        ASSISTANT EDUCATIONAL OFFICER,
              DOWN HILL, MALAPPURAM-676 519.

     2        MANAGER,
              AMLP SCHOOL, PATTARKADAVU,
              MALAPPURAM-676 519.

    R1        SMT. NISHA BOSE, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       -2-
W.P.(C) NO.11575 OF 2023



                        P.V. KUNHIKRISHNAN, J.
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                       W.P.(C) No.11575 of 2023
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                Dated this the 31st day of March, 2023

                                JUDGMENT

The above writ petition is filed with following prayers:

i) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on Ext.P2 within a time limit, after affording an opportunity of hearing to the petitioner and in the light of the decisions reported in 2021 KHC 350 and 2009 (1) KHC 664.

ii) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to approve Ext.P2 and take necessary steps to pay full salary to the petitioner during the period from 4.10.2019 to 1.9.2021.

iii) dispense with filing of the translation of vernacular documents.

iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.

v) allow this writ petition with costs.

W.P.(C) NO.11575 OF 2023

2. When this writ petition came up for consideration, the

counsel for the petitioner submitted that there may be a

direction to the 1st respondent to consider the proposal for

regularisation of suspension period of the petitioner based on

Ext.P2.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 1st respondent to consider the

proposal for regularisation based on Ext.P2 within a time frame.

Therefore, this writ petition is disposed of in the following

directions:

1. The 1st respondent is directed to consider the proposal for regularisation of suspension period of the petitioner in the light of Ext.P2, with notice to the petitioner and the 2nd respondent, as expeditiously as possible, at any rate, within two months from the date of receipt a certified copy of this judgment.

2. While deciding the matter, the 1 st respondent will also consider the dictum laid down by this Court in Kuttappan Nair v. Kerala State Electricity Board and others [2021 KHC 350] and Gangadharan

W.P.(C) NO.11575 OF 2023

C. v. State of Kerala and others [2009 (1) KHC 664].

3. The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr

W.P.(C) NO.11575 OF 2023

APPENDIX OF WP(C) 11575/2023

PETITIONER'S EXHIBITS

Exhibit-P1 EXHIBIT.P1: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 23.12.2022 BEFORE THE 2ND RESPONDENT

Exhibit-P2 EXHIBIT.P2: TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 26.12.2022