Kerala High Court
V J Kochuthresia vs State Of Kerala on 4 April, 2024
WP(C) No.9546/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
WP(C) NO. 9546 OF 2024
PETITIONER:
V J KOCHUTHRESIA, AGED 75 YEARS, L G HINDI (RTD), SMHS NAGAPUZHA,
MUVATTUPUZHA, W/O. VARGHESE K.M., KATHAKUNNEL HOUSE, KALLOORKAD
P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 686668.
RESPONDENTS:
1. STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2. DIRECTOR OF GENERAL EDUCATION, O/O THE DIRECTOR OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
3. DEPUTY DIRECTOR OF EDUCATION, O/O THE DEPUTY DIRECTOR OF EDUCATION
ERNAKULAM, ERNAKULAM, PIN - 682011.
4. DISTRICT EDUCATIONAL OFFICER, O/O THE DISTRICT EDUCATIONAL OFFICER
MUVATTUPUZHA, MUVATTUPUZHA, PIN - 686661.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to sanction and disburse salary and other emoluments of the
petitioner from 01.08.2000 to 20.12.2021 forthwith with 8% interest,
pending disposal of the above Writ Petition, in the interest of justice.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and upon hearing the
arguments of M/s. M.A.FAYAZ, M.VISHNUPRIYA and C.B.ABHINAVA, Advocates for
the petitioner and of GOVERNMENT PLEADER for the Respondents, the court
passed the following:
p.t.o
WP(C) No.9546/2024 2/4
W.P.C.No.9546/24
1
ZIYAD RAHMAN A.A., J.
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W.P.(C).No.9546 of 2024
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Dated this the 4th day of April, 2024
ORDER
One of the reliefs sought for by the petitioner pertains to the
denial of 2nd time bound higher grade promotion. The reason for
denial of the same was that a vigilance case was pending against
the petitioner. Today, when the matter came up for consideration,
the learned counsel for the petitioner pointed out that as per
Ext.P10, the vigilance case has been decided by the Enquiry
Commissioner & Special Judge, Vigilance, Muvattupuzha, by
which the petitioner was acquitted. In such circumstances,
petitioner is requesting for an interim order to consider the grant
of 2nd time bound higher grade promotion to the petitioner. After
considering the relevant aspects, I am of the view that interim
direction in this regard can be issued. Accordingly, it is directed
that the petitioner shall submit a representation before the 1 st
respondent seeking grant of 2 nd time bound higher grade
promotion in the light of Ext.P10 judgment within a period of ten
days from today. Upon receipt of such representation, a decision
thereon shall be taken by the 1 st respondent within a period of two
months, after hearing the petitioner and taking note of the order
of acquittal passed as per Ext.P10.
Post on 31.05.2024.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/4.4.24
04-04-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 9546/2024
Exhibit P10 TRUE COPY OF THE JUDGMENT IN CC.254/2016 DATED
27.07.2023 OF THE COURT OF ENQUIRY COMMISSIONER &
SPECIAL JUDGE VIGILANCE, MUVATTUPUZHA
04-04-2024 /True Copy/ Assistant Registrar
