The Court directed respondents to regularize the petitioner's suspended service as 'duty' instead of eligible leave, ensuring consequential benefits are granted within specified timelines.
Respondents directed to pass appropriate orders regularizing service suspension as duty and disburse due amounts within prescribed timelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934
WP(C).No. 23022 of 2012 (C)
PETITIONER:
WILLIAM JOHN.N, TEACHER IN ECONOMICS, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, RESIDING AT 135/17, JOSEPH STREET, WEST LUTHERAN ROAD, NAGARCOIL - 1.
BY ADVS. SRI.GOPAKUMAR R.THALIYAL, SRI.A.CHANDRA BABU.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM, PIN - 695 001.
3. THE MANAGER, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695 121.
4. THE PRINCIPAL, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695 121.
R1 & R2 BY GOVERNMENT PLEADER SMT. K.T. LILLY, R3 BY ADV. SRI.M.KUMARESAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C). NO.23022/2012-C:
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P-1: | TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD |
|---|---|
| RESPONDENT DATED 12.03.2010. |
| EXT.P-2: | TRUE COPY OF THE MEMO OF CHARGES ISSUED BY THE 3RD |
|---|---|
| RESPONDENT DATED 12.03.2010. |
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
P.R. RAMACHANDRA MENON J.
W.P.(C) No. 23022 of 2012
Dated, this the 19th day of December, 2012
JUDGMENT
The petitioner is challenging Ext. P5 order passed by the
3rd respondent, whereby the period of suspension from 12.03.2010 to 15.02.2011 has been ordered to be regularized as eligible leave adjusting the leave available in the credit.
teacher in Economics, he was wrongly placed under suspension as per Ext. P1, which was set aside by this Court as per Ext. P4 judgment. In the said circumstances, the period of suspension was liable to be treated as 'duty', despite which, the third respondent passed Ext. P5 order regularizing the service, treating the period of suspension as 'eligible leave'. The petitioner approached the second respondent for redressal of the grievance, when Ext. P7 order came to be passed, directing respondents 3 and 4 to treat the suspension period of the petitioner as 'duty' for all purposes
W.P. (C) No. 23022 of 2012
: 2 :
and to grant all consequential benefits to the petitioner. The grievance is with regard to the non implementation of the same.
W.P. (C) No. 23022 of 2012
: 3 :
The Writ Petition is disposed of as above.
sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
2 issues framed by the court
Whether the period of suspension registered as eligible leave previously could be regularized as 'duty' to grant consequential benefits to the petitioner.
Whether the respondents are directed to complete the proceedings and pass appropriate orders within a time limit.
William John.N
State of Kerala
The Director, Vocational Higher Secondary Education
The Manager, Victory Vocational Higher Secondary School
The Principal, Victory Vocational Higher Secondary School
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
