IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 34751 of 2003(K) -------------------------- PETITIONER(S): --------------- V.RETNAKARAN PILLAI, UPSA, ANAKUDY UP SCHOOL, VAMANAPURAM-695606 BY ADVS. SRI.B.RAGUNATHAN SRI.V.V.MATHEW RESPONDENT(S): --------------- 1. SECRETARY, VAMANAPURAM GRAMA PANCHAYAT, (MANAGER, ANAKUDY UPS) VAMANAPURAM, THIRUVANANTHAPURAM - 695 606 2. ASSISTANT EDUCATIONAL OFFICER, PALODE, PACHA P.O., THIRUVANANTHAPURAM 695 507 BY ADV. SRI.M.DINESH FOR R1 SRI.BASANT BALAJI FOR R1 GOVT. PLEADER SRI. K. SANAL KUMAR-R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 34751/2003 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the judgment dated 11.4.2003 in C.C. No. 360/2001 on the file of the Judicial First Class Magistrate's Court-II, Attingal. Ext.P2: True copy of the order dated 20/8/2003 of 1st respondent. Ext.P3: True copy of the representation submitted by the petitioner to the 1st respondent dated 27/8/2003. Ext.P4: True copy of the representation submitted by the petitioner to the 1st respondent dated 1/10/2003. RESPONDENTS' EXHIBITS: NIL. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 34751 OF 2003 -------------------------------------------- Dated this the 15th day of September, 2009 JUDGMENT The petitioner, while working as Headmaster (Teacher-in-charge), was placed under suspension on 25.5.2000. The criminal case, C.C. No. 360 of 2001 on the file of the Judicial First Class Magistrate's Court II, Attingal in which he was facing trial ended in his acquittal and subsequently, he was reinstated in service as per Ext.P2 order passed by the first respondent. However, he was reinstated only against the post of Upper Primary School Assistant and no consequential order as contemplated under Rule 56 B(1)(b) of Part I of the Kerala Service Rules was also passed. It is to redress the said grievance that the petitioner has approached this Court by filing this Writ Petition. 2. When the matter was taken up for hearing, learned counsel for the petitioner Sri. B. Reghunathan submitted that during the pendency of the Writ Petition, the petitioner was appointed to the post of Headmaster. Therefore, what remains for consideration is as to how the period during which he was kept out of service on account of suspension should be treated. W.P.(C) NO. 34751/2003 2 3. A perusal of Rule 56 B(1)(b) of Part I of the Kerala Service Rules would show that while ordering reinstatement, the competent authority is duty bound to issue an order as to how the period of suspension should be regulated. In this case, though the petitioner has been reinstated in service, no such order was passed. In the counter affidavit filed on behalf of the first respondent, it is stated that on 13.11.2003, the Panchayat Committee passed Resolution No. VI for considering the suspension period of the petitioner as duty and requested the Deputy Director of Education to disburse the salary and other allowances to the petitioner. However, no final orders have been issued in this regard. In the circumstances, there will be a direction to the second respondent to take appropriate action on the said resolution in terms of Rule 56 B(1)(b) of Part I of the Kerala Service Rules expeditiously, at any rate, within a period of one month from today. Consequential benefits, if any, flowing from such an order shall be disbursed to the petitioner within a period of one month thereafter. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 34751/2003 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 34751/2003 JUDGMENT 15th September, 2009