Disposed

Sanumon K.B., v. the State of Kerala

Kerala HC12 Oct 2021WP(C)/13446/2021

Case brief

AI extract

What is this about?

The High Court directed the third respondent, the District Educational Officer, to expeditiously consider the petitioner's representation regarding unauthorized suspension and consequent salary loss, affording an opportunity of hearing to both parties within three months.

What did the court decide?

Direction to the third respondent to consider Ext.P3 and pass appropriate orders within three months after hearing both parties.

Sanumon K.B., Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 13446 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 12^TH DAY OF OCTOBER 2021 / 20TH ASWINA, 1943

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WP(C) NO. 13446 OF 2021

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PETITIONER:

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SANUMON K.B., AGED 45 YEARS, SON OF B.KARUNAKARAN NADAR, HIGH SCHOOL ASSISTANT (ENGLISH), NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, THIRUVANANTHAPURAM DISTRICT-695 524.

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121.

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4 THE MANAGER, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, THIRUVANANTHAPURAM DISTRICT-695 524.

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5 THE PRINCIPAL, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU, THIRUVANANTHAPURAM DISTRICT-695 524.

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R4 BY ADV R.GOPAN

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13446 OF 2021

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JUDGMENT

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The petitioner states that he is serving as HSA (English) with effect from 9.6.2004. He contends that for availing leave, he was suspended by the Manager. The said order was interfered by this court and the petitioner was reinstated. According to the petitioner, the Manager has not obtained permission from the DEO to continue the suspension beyond 15 days. It is contended that the petitioner is at a loss of salary from 6.3.2019 to 23.4.2019 and from 31.5.2019 to 21.7.2019 and also the benefits consequent to the 2019 pay revision for want of regularisation of the above period. In the said circumstances, the petitioner is stated to have moved the DEO by filing Ext.P3 representation. It is in the afore circumstances that the petitioner is before this Court seeking directions.

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I have heard Smt.Nisha Bose, the learned senior Government Pleader and Sri. R. Gopan, the learned counsel who appears for the 4th respondent.

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It is submitted by Sri. R.Gopan that if this Court is only directing the 3rd respondent to consider and take a decision on Ext.P3, he has no objection. However, necessary directions be issued to hear the 4th respondent as well.

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WP(C) NO. 13446 OF 2021

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) Without expressing any opinion on the merits of the assertions

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made in the application, there will be a direction to the 3rd respondent to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either

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physically or virtually, to the petitioner and the 4th respondent.

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b) Orders, as directed above, shall be passed expeditiously, in any

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event, within a period of three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NO. 13446 OF 2021 4

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APPENDIX OF WP(C) 13446/2021

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PETITIONER (S) EXHIBITS:

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Exhibit P1 TRUE COPY OF THE INTERIM ORDER IN WPC NO.10052/2019 DATED 04.04.2019. Exhibit P2 TRUE COPY OF THE INTERIM ORDER IN WPC NO.15485/2019 DATED 10.06.2019. Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO DATED 31.05.2021. (WITHOUT EXHIBITS)

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RESPONDENT (S) EXHIBITS:

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Exhibit R4(a)	PHOTOCOPY OF THE LETTER DATED 1.8.2017 SENT BY THE HEADMASTER OF THE SCHOOL TO THE 1ST RESPONDENT.
Exhibit R4(b)	PHOTOCOPY OF CHART SUBMITTED BY THE HEADMASTER, NEW HSS, NELLIMOODU TO THE 1ST RESPONDENT DATED 7.11.2017.
Exhibit R4(c)	TRUE COPY OF APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER BEFORE THE HEADMISTRESS, NEW HSS, NELLIMOODU DATED 18.2.2019.
Exhibit R4(d)	TRUE COPY OF THE MEDICAL CERTIFICATE DATED 11.1.2019 ISSUED BY THGE MEDICAL OFFICER, AJAPPAN NADAR MEMORIAL AYURVEDA VAIDYASALA.
Exhibit R4(e)	TRUE COPY OF FITNESS CERTIFICATE DATED 29.1.2019 ISSUED BY THE MEDICAL OFFICER, AJAPPAN NADAR MEMORIAL AYURVEDA VAIDYASALA.
Exhibit R4(f)	TRUE COPY OF APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER BEFORE THE HEADMISTRESS, NEW HSS, NELLIMOODU DATED 18.2.2019.
Exhibit R4(g)	TRUE COPY OF MEDICAL CERTIFICATE DATED 4.2.2019 ISSUED BY THE MEDICAL OFFICER, AJAPPAN NADAR MEMORIAL AYURVEDA

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WP(C) NO. 13446 OF 2021

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VAIDYASALA.

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Exhibit R4(h)	TRUE COPY OF FITNESS CERTIFICATE DATED 16.2.2019 ISSUED BY THE MEDICAL OFFICER, AJAPPAN NADAR MEMORIAL AYURVEDA VAIDYASALA.
Exhibit R4(i)	TRUE COPY OF MEMO OF CHARGE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.
Exhibit R4(j)	TRUE COPY OF ORDER N.B6/2004/2018 DATED 12.4.2019 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA.
Exhibit R4(k)	TRUE COPY OF REPRESENTATION DATED 31.5.2019 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 3RD RESPONDENT.

Sanumon K.B., v. the State of Kerala

Case brief

What is this about?

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Sanumon K.B., v. the State of Kerala

Case brief

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