Disposed

Mini Gangadharan v. State of Kerala

Kerala HC2 Dec 2019WP(C)/4110/2018

Case brief

AI extract

What is this about?

In this writ petition regarding service regularization during suspension, the quashing order (Ext.P13) was affirmed. The Court disposed of the petition after recording that the Manager decided to regularize the petitioner's service. A direction was issued for the Manager to move for Government regularization within three weeks, with a decision required within two months.

What did the court decide?

Direction to petitioner to file proposal for regularization within 3 weeks and Government to decide within 2 months; benefits to be paid without delay upon regularization.

Mini Gangadharan Vs State of Kerala — Service and Employment | 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 SHAJI P.CHALY

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MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941

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WP(C).No.4110 OF 2018(K)

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PETITIONER/S:

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MINI GANGADHARAN AGED 47 YEARS H.S.A (NATURAL SCIENCE), S.N.H.S, NANKICITY,KANJIKUZHY P.O, IDUKKI DISTRICT, PIN. 686 693.

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BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SRI.T.G.SUNIL (PRANAVAM)

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RESPONDENT/S:

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

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS DIRECTORATE OF PUBLIC INSTRUCTION,POOJAPURA, THIRUVANANTHAPURAM -695 012.

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3 THE DISTRICT EDUCATIONAL OFFICER THODUPUZHA - 685 584.

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4 THE MANAGER SREE NARAYANA EDUCATIONAL AGENCY,SREE NARAYANA DHARMA PARIPALANA YOGAM,THODUPUZHA UNION, S.N.H.S, NANKICITY,KANJIKUZHY P.O, IDUKKI, PIN-685 606.

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R1 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4110 OF 2018(K

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:

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“i) to issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P13 and quash the same.

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ii) to issue a writ of mandamus or other appropriate writ, order or direction, directing the 1^st respondent to consider and pass orders in Ext.P12 representation after hearing the petitioner.

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Iii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1^st respondent to treat the period of suspension of the petitioner from 4.3.2015 as duty and pay all consequential benefits to the petitioner;

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iv) to grant such other and further reliefs as this Hon'ble Court be pleased to deem fit, just, proper and necessary in the interest of justice.”

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Petitioner while working as HSA (Natural Science) in SNHS Nankicity, Idukki District was suspended from service as per Ext.P1 order issued by the 4^th respondent Manager. However, petitioner was reinstated in service as per Ext.P7 order. Against the enquiry report, petitioner has preferred a revision before the Government, and the Government has passed Ext.P10 order, whereby the Headmaster was directed to monitor the petitioner.

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WP(C).No.4110 OF 2018(K)

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Against the said order, petitioner has filed a review and as per Ext.P13 order, Ext.P10 was affirmed, however, the Manager was given the liberty to take action in accordance with law. It is basically challenging Exts.P10 and P13, this writ petition is filed.

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However, during the pendency of this writ petition, now the Manager has passed Ext.P14 order dated 31.8.2019, whereby the Manager has decided to regularise the service of the petitioner during the suspension period ie. 4.3.2015 to 30.3.2016 and to grant all consequential benefits. However, the regularisation aspect is to be done by the Government.

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Learned Government Pleader submitted that since 120 days has been treated as Leave without Allowance, only the Government is vested with powers to regularise the service.

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In that view of the matter, this writ petition is disposed of, recording that the Manager has decided to regularise the service of the petitioner and In that view of the matter, there will be a direction to the Manager to move necessary proposal before the appropriate statutory authority seeking regularisation of the service of the petitioner in the suspension period, at the earliest, and at any rate, within three

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WP(C).No.4110 OF 2018(K)

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weeks from the date of receipt of a copy of this judgment, and on receipt of the proposal, the Government shall take a decision, at the earliest, and at any rate, within two months thereafter, if required, after providing notice of hearing to the petitioner as well as the Manager. Needless to say, on regularisation, all service benefits flowing out of the same shall be paid to the petitioner without any further delay.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No.4110 OF 2018(K)

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APPENDIX OF WP(C) 4110/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER DATED 4.3.2015 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P2	TRUE COPY OF THE ORDER NO.B5/1836/15/K.DIS ISSUED BY THE 3RD RESPONDENT
EXHIBIT P3	TRUE COPY OF THE ORDER NO.58/2015 DATED 18.3.2015 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P4	TRUE COPY OF THE MEMO OF CHARGES DATED 4.3.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P5	TRUE COPY OF THE REPLY DATED 5.3.2015 SUBMITTED BY THE PETITIONER TO EXT.P4 MEMO OF CHARGES
EXHIBIT P6	TRUE COPY OF THE JUDGMENT DATED 4.2.2016 IN WPC NO.35489/2015 OF THIS HON'BLE COURT.
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 30.3.2016 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P8	TRUE COPY OF THE ENQUIRY REPORT OBTAINED BY THE PETITIONER'S HUSBAND
EXHIBIT P9	TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE G.O(P01053/2017/G.EDN. DATED 11.4.2017 ISSUED BY THE GOVERNMENT
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 26.11.1994 ISSUED BY THE GOVERNMENT
EXHIBIT P12	TRUE COPY OF THE REPRESENTATION DATED 28.05.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P13	TRUE COPY OF THE G.O(P) 67/2018/G.EDN DATED 4.1.2018 ISSUED BY THE GOVERNMENT.
EXHIBIT P14	TRUE PHOTOCOPY OF THE PROCEEDINGS NO.E- 16/NCTY/2019 OF THE 4TH RESPONDENT DATED 31.08.2019.

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WP(C).No.4110 OF 2018(K)

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EXHIBIT P15 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 05.09.2019 ISSUED BY THE MANAGER TO THE PETITIONER.

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WP(C).No.4110 OF 2018(K)

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Mini Gangadharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mini Gangadharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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