Kerala High Court
Sanumon K B vs The State Of Kerala on 18 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:13979
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WP(C) NO. 38851 OF 2023
PETITIONER:
SANUMON K B
AGED 48 YEARS
S/O B. KARUNAKARAN NADAR,
RESIDING IN SAJU BHAVAN, VARUVILA,
TIRUPURAM P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM PRESENTLY WORKING AS
HIGH SCHOOL ASSISTANT (ENGLISH),
NEW HIGHER SECONDARY SCHOOL, NELLIMOOD P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695524.
BY ADVS.
PRAMOD J.DEV
PALMER.H
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
STATE SECRETARIAT ANNEX II,
THIRUVANANTHAPURAM, PIN - 695001.
W.P.(C)No.38851 of 2023
:2:
2025:KER:13979
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM DISTRICT,
PIN - 695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
KILLIPALAM, CHALAI,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014.
4 THE DISTRICT EDUCATIONAL OFFICER
ALUMMOOD, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121.
5 THE MANAGER
NEW HIGHER SECONDARY SCHOOL, NELLUMMOOD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695524.
BY ADVS.
SRI.GOPAN R
SRI. PREMCHAND R. NAIR, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.38851 of 2023
:3:
2025:KER:13979
JUDGMENT
Dated this the 18th day of February, 2025
The petitioner is presently working as High School
Assistant (English) in the New Higher Secondary School,
Nellimood, Thiruvananthapuram, which is an Aided School in
terms of the Kerala Education Act and Rules. The 5 th
respondent issued two orders, whereby the petitioner was
suspended from service. Challenging the same, W.P.(C)
Nos.10052 of 2019 and 15485 of 2019 were filed by the
petitioner and both these cases are pending consideration
before this Court.
2. In spite of clear orders directing that the
service of the petitioner be regularized, the 5 th respondent has
not taken any steps to regularise the petitioner or to pay his
salary. As a consequence of this, the petitioner's salary has not
2025:KER:13979
been paid for the past more than nine months, contends the
Counsel for the petitioner.
3. Counsel representing the 5th respondent would
submit that the petitioner has been suspended from service as
he unauthorisedly remained absent from the School and failed
to discharge his duties and obligations. The petitioner has used
a forged Medical Certificate for availing leave. Therefore,
Ext.R5(a) charge-memo has been issued. Though Ext.R5(a)
charge-memo has been issued, the District Educational Officer
has not given permission to proceed against the petitioner by
way of disciplinary proceedings. The 5th respondent has also
filed appeal against Ext.P3.
4. Be that as it may, the prayer of the petitioner is
to direct the 5th respondent to disburse the salary and other
emoluments due to the petitioner from March, 2023. The 5 th
respondent would submit that the petitioner has remained
2025:KER:13979
unautorisedly absent. As long as the petitioner is not
discharging his duties, there is no question of payment of
salary.
5. Taking into consideration the facts of the case,
I am of the view that the writ petition can be disposed of by
giving appropriate directions to the respondents for bringing
quietus to the issue involved.
6. The writ petition is disposed of with the
following directions:-
(i) The 4th respondent-District Educational Officer
shall consider the request of the 5th respondent to
proceed against the petitioner and take necessary
decision on grant of sanction within a period of two
weeks.
(ii) Depending upon the sanction of the District
Educational Officer, if the Manager proposes to
2025:KER:13979
proceed against the petitioner, such proceedings
shall be completed within a period of four months.
(iii) The petitioner shall co-operate with the
disciplinary proceedings.
(iv) If the petitioner attends duties and discharges
his functions, then the 5th respondent shall
necessarily raise bill for payment of salary to the
petitioner.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:13979
APPENDIX OF WP(C) 38851/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED
04.04.2019 IN WP(C) 15002 OF 2019
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
10.06.2019 IN WP(C) NO.15485 OF 2019
Exhibit P3 A TRUE COPY OF THE ORDER NO.
DDETVM/166/2022-B5 DATED 28.02.2023
PASSED BY THE THIRD RESPONDENT
Exhibit P4 A TRUE COPY OF THE ORDER
NO.B6/3856/2021 DATED 28.02.2022 PASSED
BY THE FOURTH RESPONDENT
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED
11.08.2020 IN WP(C) NO.15485 OF 2019
RESPONDENT EXHIBITS
Exhibit R5(a) THE PHOTOCOPY OF THE MEMO OF CHARGES
DATED 09/06/2023 ISSUED TO THE
PETITIONER BY REGISTERED POST AND ITS
RECEIPT OF ARTICLE TRACKING
Exhibit R5(b) THE PHOTOCOPY OF THE REPRESENTATION
DATED 4.09.2023 SUBMITTED BY 5TH
RESPONDENT BEFORE THE 4TH RESPONDENT
Exhibit R5(c) THE PHOTOCOPY OF THE LETTER DATED
08/02/24 ISSUED BY THE HEADMISTRESS OF
THE SCHOOL TO THE 5TH RESPONDENT
Exhibit R5(d) THE PHOTOCOPY OF THE TEACHERS'
ATTENDANCE REGISTER FOR THE PERIOD JUNE
2025:KER:13979
2023 TO DECEMBER 2023
Exhibit R5(e) THE PHOTOCOPY OF THE LETTER DATED
18.5.2023 ISSUED TO THE 5TH RESPONDENT
BY THE HEADMISTRESS OF THE SCHOOL AND
THE CHART SHOWING THE UN-AUTHORIZED
ABSENCE OF THE PETITIONER FOR THE
ACADEMIC PERIOD FOR 2012 TO 2023
Exhibit R5(f) THE PHOTOCOPY OF THE LETTERS DATED
19.8.2022 ISSUED BY THE TEACHER-IN-
CHARGE OF THE SCHOOL TO THE 5TH
RESPONDENT
Exhibit R5(g) THE PHOTOCOPY OF THE LETTERS DATED
2.9.2022 ISSUED BY THE TEACHER-IN-
CHARGE OF THE SCHOOL TO THE 5TH
RESPONDENT
Exhibit R5(h) THE PHOTOCOPY OF THE LETTERS DATED
17.10.2022 ISSUED BY THE TEACHER-IN-
CHARGE OF THE SCHOOL TO THE 5TH
RESPONDENT
Exhibit R5(i) THE PHOTOCOPY OF THE LETTERS DATED
31.3.2023 ISSUED BY THE TEACHER-IN-
CHARGE OF THE SCHOOL TO THE 5TH
RESPONDENT
