Petitioner challenged suspension regularisation orders regarding leave granted during probation. Court found the revision petition was not registered. Court directed first respondent to expedite consideration and pass orders within three months if pending.
Direction to respondent to consider and dispose of revision petition expediently within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5THDAY OF JULY 2022 / 14TH ASHADHA,1944
WP(C) NO. 6736 OF 2022
PETITIONER/S:
STANLY PIGAREZ
AGED 60 YEARS
S/O. JOSEPH PIGAREZ,
AGED 60 YEARS, PATHISSERY HOUSE,
P.O, ARIPALAM, THRISSUR - 680688,
(RETIRED HEAD MASTER AT CMEPS, OCHANTHURUTHU).
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
T.R.VISHNU
RESPONDENT/S:
1THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695014.3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF DDE, ERNAKULAM, ERNAKULAM DISTRICT - 686661.4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF DEO, ERNAKULAM, ERNAKULAM DISTRICT - 683101.5 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE AEO, VYPIN, ERNAKULAM DISTRICT - 682508.WP(C) NO. 6736 OF 2022
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6 THE CHAIRMAN AND CORPORATE MANAGER CENTRAL BOARD OF ANGLO - INDIAN EDUCATION, PERUMANOOR, KOCHI - 679536.7 THE ACCOUNTANT GENERAL (A & E) OFFICE OF THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM - 696039.8 THE DISTRICT TREASURY OFFICER RURAL DISTRICT TREASURY, IRINJALAKKUDA, THRISSUR - 680121.SMT NISHA BOSE SR GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON05.07.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
WP(C) NO. 6736 OF 2022
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JUDGMENT
The petitioner contends that while he was working as Headmaster at C.M.E.P. School, Ochanthurthu, he was placed under suspension with effect from 07.03.2016 on account of his involvement in a crime registered as Crime No. 135/2015 in the Puthanvelikkara Police Station. The prosecution allegation is that the petitioner harbored the prime accused, who is his relative, and thereby committed the crime. According to the petitioner, in the trial which followed, the petitioner was acquitted of all charges. On its basis, and pursuant to orders issued by this Court, the petitioner was reinstated in service as per the order dated 27.03.2017 and he attained superannuation a few days later, on 31.03.2017. The petitioner asserts that when the benefits due to the petitioner were denied, he approached this Court and pursuant to Exhibit P7 judgment, the 3rd respondent passed Exhibit P8 order as per which, the period of suspension undergone by the petitioner during the period from 07.03.2016 to 26.03.2017 (‘385’ days) was ordered to be regularised as eligible leave. Thereafter, Exhibit P9 consequential order has passed as per which, a period of ‘216’ days wherein the petitioner was placed under suspension was regularised as Half-Pay Leave (HPL) and the balance of ‘187’ days was regularised as Leave Without Allowance (LWA). The petitioner asserts that serious prejudice would be caused to the petitioner if Exhibits P8 and P9 are allowed to stand. In the
WP(C) NO. 6736 OF 2022
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said circumstances, he is stated to have preferred Exhibit P10 revision petition before the 1st respondent, which is stated to be pending. It is in the afore circumstances that this writ petition is filed seeking to quash Exhibits P8 and P9 and for incidental directions.
a) If Ext.P10 revision petition filed by the petitioner is registered
and pending, there will be a direction to the 1st respondent to
take up, consider and pass appropriate orders after affording an
WP(C) NO. 6736 OF 2022
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opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 6th respondent. It would be open to the 1st respondent to take up Ext.P10 revision petition on file and pass orders if the revision petition has not yet been registered.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.
writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
avs
WP(C) NO. 6736 OF 2022
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APPENDIX OF WP(C) 6736/2022
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF ORDER NO. CB/2016/07 DATED5.3.2016 ISSUED BY THE CORPORATE MANAGER. |
|---|---|
Exhibit P2 |
TRUE COPY OF ORDER NO. CB/2016/41 DATED30.09.2016 ISSUED BY THE CORPORATE MANAGER. |
Exhibit P3 |
TRUE COPY OF RELEVANT PAGES OF JUDGMENT INSESSION CASE NO.203/2016 ON THE FILE OF THEADDITIONAL DISTRICT AND SESSIONS JUDGE,ERNAKULAM. |
Exhibit P4 |
TRUE COPY OF REPRESENTATION DATED 13.012.2016SUBMITTED BY THE PETITIONER BEFORE THE 6THRESPONDENT. |
Exhibit P5 |
TRUE COPY OF ORDER NO. CB/2016/45 DATED16.12.2016 ISSUED BY THE CORPORATE MANAGER. |
Exhibit P6 |
TRUE COPY OF LETTER NO. F-872/16 DATED01.07.2016 CONTAINING THE AUDIT REPORT ISSUEDBY THE 5TH RESPONDENT. |
Exhibit P7 |
TRUE COPY OF JUDGMENT DATED 17.07.2020 INWP(C) 494/2017 PASSED BY THIS HON'BLE COURT. |
Exhibit P8 |
TRUE COPY OF ORDER NO.G1/28583/18 DATED01.02.2021 ISSUED BY THE 3RD RESPONDENT. |
Exhibit P9 |
TRUE COPY OF ORDER NO. C-530/16 DATED22.02.2021 ISSUED BY THE 5TH RESPONDENT. |
Exhibit P10 |
TRUE COPY OF REVISION PETITION SUBMITTED BYTHE PETITIONER BEFORE THE 1ST RESPONDENT ON16.12.2021. |
2 issues framed by the court
Whether the revision petition filed by the petitioner is registered and pending?
Whether a revival of a revocation petition is required to be quashed and appropriate orders passed within three months?
STANLY PIGAREZ
THE STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION
THE DISTRICT EDUCATIONAL OFFICER
THE ASSISTANT EDUCATIONAL OFFICER
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court