Citation : 2025 Latest Caselaw 12418 Ker
Judgement Date : 17 December, 2025
W.P.(C) No.14726 of 2021 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947
WP(C) NO. 14726 OF 2021
PETITIONER:
LIZY.K.A,CLERK, ST.GEORGES HIGH SCHOOL,
ARAKKUNNAM, ERNAKULAM-682 313
BY ADVS.
SRI.M.A.FAYAZ
SMT.M.VISHNUPRIYA
SMT.C.B.ABHINAVA
RESPONDENTS:
1 STATE OF KERALA
REP BY SECRETARY TO THE GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
ANNEXURE-II, THIRUVANANTHAPURAM-695 011
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 011
3 DEPUTY DIRECTOR OF EDUCATION , ERNAKULAM,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KAKKANAD, ERNAKULMA-682 026
4 DISTRICT EDUCATIONAL OFFICER, ERNAKULAM
OFFICE OF THE DISTRICT EDUCATIONAL OFFICE,
KANAYANNUR TALUK OFFICE, ERNAKULAM-682 312
5 CORPORATE MANAGER,
ST.GEORGES JACOBITE SYRIAN VALIPALLY EDUCATIONAL
AGENCY, ARAKKUNNAM, ERNAKULAM-682 313
6 HEAD MISTRESS
ST.GEORGES HIGH SCHOOL VALIPALLY EDUCATIONAL AGENCY,
ARAKKUNNAM, ERNAKULAM-682 313
W.P.(C) No.14726 of 2021 2
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R5 BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
R6 BY ADV.SRI.PAUL ABRAHAM VAKKANAL
OTHER PRESENT:
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.14726 of 2021 3
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.14726 of 2021
.................................................................
Dated this the 17th day of December, 2025
JUDGMENT
Petitioner has approached this Court seeking to quash Exts.P5
and P6 orders, wherein permission was granted to keep the petitioner
under suspension beyond 15 days and Ext.P6 is the consequential order.
2. Learned counsel appearing for the petitioner submits
that the Manager has submitted a request before the 4 th respondent on
20.09.2025 seeking regularisation of the period of suspension from
24.03.2021 to 09.04.2021 of the petitioner. Learned counsel for the
petitioner further submits that petitioner had already retired from service
on 30.04.2024 and that no retirement benefits has been granted to the
petitioner for the reason that the period of suspension has not been
regularised.
3. Heard the learned Government Pleader as well as the
learned counsel appearing for the 5th respondent also.
After hearing both sides, I am inclined to dispose of the writ
petition with the following directions:
The 4th respondent shall take up the request submitted by the
5th respondent dated 20.09.2025 seeking regularisation of the period of
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suspension from 24.03.2021 to 09.04.2021 of the petitioner without any
delay, at any rate within an outer limit of three months from the date of
receipt of a copy of the judgment, after affording an opportunity of hearing
to the petitioner and the 5th respondent. Consequent to the orders to be
passed on the request dated 20.09.2025 filed by the 5th respondent, all
the eligible retirement benefits including arrears of salary due to the
petitioner, shall be disbursed to the petitioner without any delay.
Sd/-
VIJU ABRAHAM JUDGE
cks
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APPENDIX OF WP(C) NO. 14726 OF 2021
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE FORM 14 NOTICE ISSUED BY THE DISTRICT ELECTION OFFICER, ERNAKULAM DATED 27.11.2020 Exhibit P2 PHOTOCOPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE 4TH RESPONDENT DATED 22.01.2021 Exhibit P3 PHOTOCOPY OF THE POSTAL RECEIPTS EVIDENCING FORWARDING OF EXT.P2 Exhibit P4 PHOTOCOPY OF ORDER NO2/2021 DATED 24.03.2021 ISSUED BY THE 5TH RESPONDENT Exhibit P5 PHOTOCOPY OF ORDER NO.B5/604/2021 DATED 13.04.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P6 PHOTOCOPY OF ORDER NO.M4/2021 DATED 15.04.2021 ISSUED BY THE 5TH RESPONDENT RESPONDENT EXHIBITS
Exhibit R6(a) TRUE COPY OF THE LETTER DATED 29/08/2017 OF THE MANAGER TO THE HM IS PRODUCED.
Exhibit R6(b) TRUE COPY OF THE COMPLAINT DATED 20/08/2017 GIVEN TO THE DDE AGAINST PETITIONER.
Exhibit R6(c) TRUE COPY OF THE LETTER OF THE HM DATED 25/10/2017 GIVEN TO THE DEO.
Exhibit R6(d) TRUE COPY OF THE LETTER DATED
07/11/2017 OF THE HM SEEKING
EXPLANATION FROM THE PETITIONER. Exhibit R6(e) TRUE COPY OF THE LETTER DATED 19/11/2020 OF THE HM WITH ENCLOSURES SUBMITTED TO THE MANAGER.
Exhibit R6(f) TRUE COPY OF THE NOTICE DATED 20/11/2020 ISSUED TO THE PETITIONER BY THE HM WITH COPY TO THE MANAGER.
Exhibit R6(g) TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 12/01/2021 ISSUED TO THE
PETITIONER BY THE 5TH RESPONDENT
MANAGER.
Exhibit R6(h) TRUE COPY OF THE LETTER DATED
22/01/2021 SENT BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT MANAGER.
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Exhibit R6(i) TRUE COPY OF THE REPLY DATED 02/03/2021 SENT BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT DEO.
Exhibit R6(j) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16/02/2021.
Exhibit R6(k) TRUE COPY OF THE LETTER DATED 17/02/2021 SENT BY THE HM TO DEO.
Exhibit R6(l) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 05/03/2021.
Exhibit R6(m) TRUE COPY OF THE NOTICE DATED 07/04/2021 SENT BY THE 4TH RESPONDENT DEO TO THE 6TH RESPONDENT & OTHERS. Exhibit R6(n) TRUE COPY OF THE RELEVANT PAGE DATED 13/04/2021 OF THE SCHOOL INSPECTION DIARY.
Exhibit R6(o) TRUE COPY OF THE RELEVANT PAGE DATED 22/07/2021 OF THE SCHOOL INSPECTION DIARY.
Exhibit R6(p) TRUE COPY OF THE EXPLANATION GIVEN BY THE MANAGER (R5) DATED 22/07/2021. Exhibit R6(q) TRUE COPY OF THE EXPLANATION GIVEN BY THE HM(R6) DATED 22/07/2021.
Exhibit R6(r) TRUE COPY OF THE EXPLANATION GIVEN BY SRI.MANU.V.ELIAS.
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