Disposed

Bibin Chandran v. State of Kerala

Kerala HC12 Aug 2020WP(C)/2350/2020

Case brief

AI extract

What is this about?

In a PIL regarding employment dispute, the Court addressed the petitioner's entitlement to subsistence allowance during suspension without a post and directed the District Educational Officer to expedite processing of the penalty order.

What did the court decide?

Petitioner entitled to subsistence allowance from 06.06.2019 to 15.07.2019; 3rd respondent directed to consider penalty order within one month.

Bibin Chandran Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942

¶5

WP(C).No.2350 OF 2020(P)

¶6

PETITIONER:

¶7

BIBIN CHANDRAN, AGED 31 YEARS SANSKRIT TEACHER, R.S.M. UP SCHOOL, KODUNGA, KOTTAYAM

¶8

BY ADVS. SRI.P.E.SAJAL SRI.SALIM V.S.

¶9

RESPONDENTS:

¶10

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

¶11

2 DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 001.

¶12

3 DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY-686 506.

¶13

4 ASSISTANT EDUCATIONAL OFFICER, ERATTUPETTA-686 121.

¶14

5 MANAGER,

¶15

R.SANKAR MEMORIAL U.P. SCHOOL, KODUNGA, KOTTAYAM-686 001.

¶16

BY ADV. SRI.K.T.SHYAMKUMAR BY ADV. SRI.LIJI.J.VADAKEDOM

¶17

OTHER PRESENT:

¶18

SR.GP.SRI.ARAVINDA KUMAR BABU

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).No.2350 OF 2020(P)

¶21

¶22

implementation of Ext.P1 order by which the DEO directed the Manager to modify the punishment of dismissal imposing any other punishment.

¶23

2. The Manager has filed I.A.No.1 of 2020

¶24

stating that he has decided to pass an order of compulsory retirement and permission has been sought from the DEO as per Ext.R5(b) under Rule 74 of Chapter IXV A KER.

¶25

Learned Government Pleader submitted that

¶26

Ext.R5(b) is pending consideration of the DEO.

¶27

Further grievance of the petitioner is that he is not paid subsistence allowance. At the same time the Manager as well as respondents 3 and 4 has stated that there is no post of Sanskrit teacher in the School since the year 2019-20. Petitioner was placed under suspension on 06.06.2019. At any rate,

¶28

WP(C).No.2350 OF 2020(P)

¶29

¶30

he would be entitled to subsistence allowance till

¶31

such time there was post in the School against which he could have continued. Respondents shall pay the subsistence allowance due to the petitioner for the period from 06.06.2019 to 15.07.2019.

¶32

Therefore the writ petition is disposed of directing the 3^rd respondent to pass orders on Ext.R5(b) as expeditiously as possible, at any rate, within a period of 'one month' from the date of receipt of a copy of the judgment, after hearing the petitioner as well as the Manager.

¶33

P.V.ASHA, JUDGE

¶34

¶35

WP(C).No.2350 OF 2020(P)

¶36

¶37

APPENDIX

¶38

PETITIONER'S EXHIBITS:

¶39

EXHIBIT P1 TRUE COPY OF THE ORDER NO:B 1/7324/19 DATED 28/11/2019 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 24/12/2019 BEFORE THE 5TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

¶40

RESPONDENTS' EXHIBITS:

¶41

EXHIBIT R5(a) TRUE COPY OF THE REVISION PETITION DATED 29-1-2020 FILED BEFORE THE 1ST RESPONDENT.

¶42

EXHIBIT R5(B) TRUE COPY OF THE ORDER DATED 29.02.2020 IMPORTING PENALTY ON THE PETITIONER.

Bibin Chandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bibin Chandran 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

Sathyan, Vs the District Education Officer

E.Narayana Kaimal Vs State of Kerala and Others

Nima.K.v Vs Union of India

Minimol Joseph J., Vs the State of Kerala

K.a.Anitha Vs State of Kerala

The Manager, R.Sankar Memorial Upper Primary School Vs State of Kerala