Dismissed

Regini.T.a. v. the State of Kerala

Kerala HC17 Jan 2023WP(C)/14854/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a punishment order that reverted the petitioner to a lower post. The Manager withdrew the impugned order and replaced it with a modified punishment as mitigation while treating the suspension period as leave. The Respondents sought dismissal of the writ.

What did the court decide?

The writ petition was disposed of as withdrawn, with the right reserved by the petitioner to challenge the subsequent order dated 02.01.2023.

Regini.T.a. Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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WP(C) NO. 14854 OF 2019 1

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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 17^TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944

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WP(C) NO. 14854 OF 2019

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PETITIONER:

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REGINI.T.A.

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AGED 53 YEARS W/O. C.A.RAVEENDRAN, H.M BJB SCHOOL, ARIYASSERI, TARUR P.O., PALAKKAD,RESIDING AT CHELLARI HOUSE, GOVERNMENT MEDICAL COLLEGE P.O., VELAPPAYA P.O., THRISSUR-680 596

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BY ADVS. U.BALAGANGADHARAN SMT.S.ANJUSHA

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RESPONDENTS:

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

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKD-678 001

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4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, PALAKKAD-678 013

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5 THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD-678 541

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WP(C) NO. 14854 OF 2019 2

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6 THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY, THRISSUR DISTRICT-680 582

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7 THE MANAGER, BJB SCHOOL, ARIYASSERI, TARUR (P.O), PALAKKAD-678 544 AND ADV UP SCHOOL, PERINGANDOOR, THRISSUR

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BY ADVS. GOVERNMENT PLEADER SRI.S.SUJIN

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SMT MARY BEENA JOSEPH, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14854 OF 2019 3

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JUDGMENT

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The above-captioned writ petition is filed challenging Ext.P12 order dated 28.5.2019, as per which the petitioner was reverted to the post of LPST and the consequent order allowing the senior most teacher to take charge.

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When this writ petition had come up for consideration on 11.01.2023, it is submitted that steps are being taken by the Manager to withdraw Ext.P12 and that fresh orders would be passed.

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When the matter is taken up today, Sri.Sujin, the learned counsel appearing for the Manager, has handed over a copy of the order dated 2.1.2023. It appears from the said order that the Manager has decided to withdraw Ext.P12 order. As a modified punishment, one increment was reduced and it was further ordered that the period of suspension shall be treated as eligible leave.

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The learned counsel appearing for the petitioner submitted that in view of the above turn of events, this writ petition can be dismissed

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WP(C) NO. 14854 OF 2019 4

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as withdrawn, reserving the right of the petitioner to challenge the order dated 02.01.2023.

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Reserving such right, 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. 14854 OF 2019 5

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APPENDIX OF WP(C) 14854/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ORDER DATED 21/11/2013 OF THE SEVENTH RESPONDENT MANAGER.
EXHIBIT P2	A TRUE COPY OF THE ORDER DATED 26/11/2013 OF THE SIXTH RESPONDENT, AEO.
EXHIBIT P3	A TRUE COPY OF THE ORDER DATED 26/11/2013 OF THE DEO, CHAVAKKAD.
EXHIBIT P4	A TRUE COPY OF THE JUDGMENT DATED 21/02/2014 PASSED BY THIS HONOURABLE COURT IN WPC 457/2014.
EXHIBIT P5	A TRUE COPY OF THE ORDER DATED 08/08/2014 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE) IN CRL.MP.NO.281/2013.
EXHIBIT P5(a)	A TRUE COPY OF THE ORDER DATED 29/10/2014 OF THE FIRST RESPONDENT.
EXHIBIT P6	A TRUE COPY OF THE REPORT OF THE SUPER CHECK CELL DATED NIL.
EXHIBIT P7	A TRUE COPY OF THE ORDER DATED 25/10/2016 OF THE FIRST RESPONDENT.
EXHIBIT P8	A TRUE COPY OF THE ORDER DATED 10/02/2017 OF THE FIRST RESPONDENT.
EXHIBIT P9	A TRUE COPY OF THE ORDER DATED 01/03/2019 OF THE FIRST RESPONDENT.

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WP(C) NO. 14854 OF 2019 6

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EXHIBIT P10 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15/05/2019 ISSUED BY THE SEVENTH RESPONDENT MANAGER. EXHIBIT P11 A TRUE COPY OF THE EXPLANATION DATED 21/05/2019 SUBMITTED BY THE PETITIONER TO THE SEVENTH RESPONDENT. EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 28/05/2019 OF THE SEVENTH RESPONDENT MANAGER.

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RESPONDENTS' EXHIBITS:

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Exhibit R7(a) TRUE COPY OF THE ORDER DATED 02/01/2023 ISSUED BY THE 7TH RESPONDENT/PETITIONER IN I.A

Regini.T.a. v. the State of Kerala

Case brief

What is this about?

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Regini.T.a. v. the State of Kerala

Case brief

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