Allowed

K.N.Ravichandran v. State of Kerala

Kerala HC1 Mar 2019WP(C)/2739/2019

Case brief

AI extract

What is this about?

The Court directed the school Manager to reinstate the petitioner within a week, relying on prior reinstatement orders by the Deputy Director of Education and the Government, alongside the dismissal of the Manager's earlier writ petition challenging those orders.

What did the court decide?

The Manager is directed to reinstate the petitioner within a week from the date of receipt of this judgment.

K.N.Ravichandran Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940

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WP(C).No.2739 of 2019

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PETITIONER/S:

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K.N.RAVICHANDRAN, AGED 54 YEARS, S/O.C.S. GUPTHAN, HEADMASTER IN CHARGE OF KATAMPAZHIPURAM HIGH SCHOOL, RESIDING AT “SUDHARMA”, KATAMPAZHIPURAM P.O, PALAKKAD-678 633

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BY ADV. SRI.NIRMAL V NAIR

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

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3 DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN-678 601.

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4 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD, PIN-678 601. 5 THE MANAGER, KATAMPAZHIPURAM HIGH SCHOOL, KATAMPAZHIPURAM P.O, PALAKKAD-678 633

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.L.ANNAPOORNA SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.V.VARGHESE BY SENIOR GOVERNMENT PLEADER, SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2739/2019 2

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JUDGMENT

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The petitioner was suspended from service on 7.5.2018. By an order dated 19.5.2018 of the Deputy Director of Education, Palakkad, the petitioner was directed to be reinstated. The matter reached to the Government. The Government also affirmed the order of reinstatement.

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The Manager challenged the above orders before this Court in W.P.(C) No.32699/2018. This Court did not interfere with the above orders and dismissed the said writ petition. The Manager also filed a Writ Appeal. It is submitted at the Bar that the said Writ Appeal was also dismissed and an S.L.P was filed before the Apex Court against the judgment in the Writ Appeal. Anyhow, the Manager is bound to reinstate the petitioner in the light of the orders passed by the Deputy Director of Education and the Government and also in the light of the fact that the writ petition filed by him was dismissed by this Court. Accordingly, the Manager is directed to reinstate the petitioner within a week from the date of receipt of a copy of this judgment. All other claims urged in the writ petition are left open.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.2739/2019 3

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APPENDIX

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PETITIO	NER'S/	S EXHIBITS	:
EXHIBIT	P1	A TRUE W.P(C) COURT.	COPY OF 6339/20	THE JUDGMENT DATED 13-3-2018 IN 18 ON THE FILES OF THIS HONOURABLE
EXHIBIT	P2	A TRUE DATED 1	COPY OF 8-09-20	THE G.O(RT) NO. 3605/2018/G.EDN 18 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT	P3	A TRUE W.P(C) HONOURA	COPY OF NO. 326 BLE COU	THE JUDGMENT DATED 19-11-2019 IN 99/2018 ON THE FILES OF THIS RT.
EXHIBIT	P4	A TRUE 130/201	COPY OF 9 ON TH	THE CASE STATUS OF W.A NO. E FILES OF THIS HONOURABLE COURT.
EXHIBIT	P5	A TRUE 2018 SU RESPOND	COPY OF BMITTED ENT.	THE REPRESENTATION DATED 20-12- BY THE PETITIONER BEFORE THE 4TH
EXHIBIT	P6	A TRUE 2019 SU RESPOND	COPY OF BMITTED ENT.	THE REPRESENTATION DATED 15-1- BY THE PETITIONER BEFORE THE 4TH
EXHIBIT	P7	A TRUE ISSUED	COPY OF BY THE	THE CHARGE MEMO DATED 3-1-2019 5TH RESPONDENT TO THE PETITIONER
EXHIBIT	P8	A TRUE IN W.P( HONOURA	COPY OF C) NO., BLE COU	THE INTERIM ORDER DATED 25-1-2019 2380/2019 ON THE FILES OF THIS RT.
EXHIBIT	P9	A TRUE 2019 SU RESPOND	COPY OF BMITTED ENT.	THE REPRESENTATION DATED 16-1- BY THE PETITIONER BEFORE THE 1ST

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JDUGE

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WP(C).No.2739/2019 4

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The words “and an S.L.P. was filed before the Apex Court against the judgment in the Writ Appeal ” occurring in the 4^th sentence of paragraph 2 of the judgment dated 01.03.2019 in W.P.(C) No.2739/2019 are deleted as per order dated 27.03.2019 in I.A.No.1/2019 in W.P.(C) No.2739/2019.

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Sd/Joint Registrar

K.N.Ravichandran v. State of Kerala

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K.N.Ravichandran v. State of Kerala

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