K.J Sebastian vs State Of Kerala
2024 Latest Caselaw 13987 Ker

Kerala High Court

K.J Sebastian vs State Of Kerala on 28 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
      TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                      WP(C) NO. 14993 OF 2024
     AGAINST THE ORDER/JUDGMENT DATED IN CC NO.271 OF 2013 OF
          JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD
PETITIONER/S:

            K.J SEBASTIAN,AGED 53 YEARS
            S/O. K.P JOSEPH, KOMBAN HOUSE, PALAYOOR NORTH
            CHAVAKKAD P.O, THRISSUR DISTRICT -, PIN - 680506

             BY ADV MAHESH V.MENON



RESPONDENT/S:

      1     STATE OF KERALA,REPRESENTED BY THE SECRETARY TO
            THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
            SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001

      2     THE DIRECTOR OF GENERAL EDUCATION (HSE WING)
            HOUSING BOARD BUILDING, SHANTHI NAGAR,
            THIRUVANANTHAPURAM, PIN - 695001

      3     THE ASSISTANT DIRECTOR,GENERAL EDUCATION REGIONAL
            OFFICE AYYANTHOLE, THRISSUR-, PIN - 680003

      4     THE MANAGER
            SEEDI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY
            SCHOOL. EDAKKAZHIYOOR, CHAVAKKAD P.O, THRISSUR
            DISTRICT -, PIN - 680506

            ADV PREMCHAND R NAIR-GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    28.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 14993 of 2024

                                 2



                          JUDGMENT

The petitioner has approached this Court being aggrieved by

the denial of the salary/subsistence allowance during the period in

which he was placed under suspension. The petitioner was

suspended from service from 01.08.2011 onwards, while working

as the Clerk in the school managed by the 4th respondent.

Thereafter disciplinary proceedings were initiated against him and

ultimately as per Ext.P4, the suspension of the petitioner was

revoked with effect from 24.02.2022.

2. The grievance of the petitioner is that, he was not paid

any salary/subsistence allowance during the period of suspension.

Highlighting the said grievances the petitioner submitted Ext.P5

which is now pending before the 2 nd respondent. The limited

prayer sought by the petitioner is for a direction to the 2 nd

respondent to consider and pass orders on the same within a time

frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this Writ

Petition, directing the 2nd respondent to take up Ext.P5 and to pass

appropriate orders thereon after hearing the petitioner and the 4 th

respondent. Orders in this regard shall be passed within a period

of two months from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 14993/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF REPORT DATED 06.08.2015 FILED BY THE 3RD RESPONDENT

Exhibit P2 A TRUE COPY OF THE COMMON JUDGMENT DATED 11.09.2015 IN W.A NO. 740/2015 AND

Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 28.10.2021 IN CC NO. 271/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS DATED 22.02.2022 ISSUED BY THE 4TH RESPONDENT

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 15.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT