Disposed

Sunil Dutt, v. State of Kerala

Kerala HC4 Jun 2019WP(C)/8185/2019

Case brief

AI extract

What is this about?

Court directed the sixth respondent to finalize the pending disciplinary action within six weeks of receiving the judgment copy, before the petitioner's retirement, considering regularization and pay fixation thereafter.

What did the court decide?

Directed the 6th respondent to issue orders finalizing the disciplinary action within six weeks of the date of receipt of a copy of the judgment.

Sunil Dutt, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941

¶5

WP(C).No. 8185 of 2019

¶6

PETITIONER:

¶7

SUNIL DUTT, AGED 55 YEARS S/O.SOMARAJAN, H.S.A.MATHEMATICS(UNDER SUSPENSION) MAYYANAD HIGHER SECONDARY SCHOOL, MAYYANAD.P.O., KOLLAM RESIDING AT SAI ALAKA, KNR-31-A, KOOTTIKKADA.P.O., MAYYANAD, KOLLAM DISTRICT.

¶8

BY ADV. SRI.B.MOHANLAL

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶11

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, JAGATHY.P.O., THIRUVANANTHAPURAM-695014.

¶12

3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (ACADEMIC), JAGATHY.P.O., THIRUVANANTHAPURAM-695014.

¶13

4 THE DEPUTY DIRECTOR OF EDUCATION THEVALLY.P.O., KOLLAM-691009.

¶14

5 THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE, CUTCHERY.P.O., KOLLAM-691013.

¶15

6 THE MAYYANAD HIGHER SECONDARY SCHOOL, MAYYANAD.P.O., KOLLAM-691013, REPRESENTED BY ITS MANAGER.

¶16

BY ADVS. SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY OTHER PRESENT:

¶17

SR.GP.MARY BEENA JOSEPH

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No. 8185 of 2019

¶20

¶21

J U D G M E N T

¶22

Petitioner has been facing disciplinary action from 26.08.2011 onwards and he was reinstated on 02.07.2018 after a series of litigations. Petitioner points out that he is due to retire from service on 31.07.2019.

¶23

It is seen that even though Ext.P4 enquiry report was furnished by the Additional Director of Public Instructions, which is dated 04.01.2019, so far the Manager has not passed any final orders finalizing the disciplinary action against the petitioner. Petitioner seeks regularization of the suspension period as well as fixation of pay. All these can be done only after finalization of the disciplinary action.

¶24

Since the enquiry report is already furnished by the Additional Director of Public Instructions and also in view of the fact that the petitioner is retiring from service on 31.07.2019, there shall be a direction to the 6^th respondent to issue orders on finalization of disciplinary action, within a period of 'six weeks' from

¶25

WP(C).No. 8185 of 2019

¶26

the date of receipt of a copy of the judgment.

¶27

All the claims of the petitioner including regularization of the suspension period shall be considered on finalization of the disciplinary action.

¶28

The writ petition is disposed of accordingly.

¶29

Sd/- P.V.ASHA, JUDGE.

¶30

¶31

WP(C).No. 8185 of 2019

¶32

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 05/1/2018 IN WP(C)NO.29569/2017 OF THIS HON'BLE COURT. EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 25/01/2018 IN W.A.NO.1908/2018 OF THIS HON'BLE COURT. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 19/02/2018 IN CONTEMPT CASE (C) NO.198/2018 OF THIS HON'BLE COURT. EXHIBIT P4 THE TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE ADDITIONAL DIRECTOR ACADEMIC, OFFICE OF THE 2ND RESPONDENT DATED 04/01/2019. EXHIBIT P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT AND THE FIXATION STATEMENT DATED 04/10/2019. EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.26/2019/G.EDN. DATED 05/02/2019 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT P7 THE TRUE COPY OF THE APPLICATION DATED 19/02/2019 SUBMITTED BY THE PETITION BEFORE THE RESPONDENTS 2 TO 5 THROUGH PROPER CHANNEL

Sunil Dutt, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunil Dutt, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.I.Marrgret Vs the Accountant General (a/E)

Ummer E.M. Vs State of Kerala

K.P.Fathimath Suhara, Vs the State of Kerala

A. Suresh, Vs P.G .Unnikrishnan

Suresh Kumar.P.K. Vs State of Kerala

Sadique Ali P.P. Vs Rahul Saini