IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 35039 of 2010(D) -------------------------- PETITIONER: --------------- P.J.JOSE, LOWER DIVISION CLERK, GOVERNMENT HIGHER SECONDARY SCHOOL, PANDIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. SRI.SANKARANKUTTY, ADMINISTRATIVE ASSISTANT, OFFICE OF THE DY.DIRECTOR OF EDUCATION, MALAPPURAM-676 505. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.35039/10 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER DT.31.5.91 OF THE ADMN.ASST. OF THE 3RD RESPONDENT. EXT.P2: COPY OF GOVT.ORDER DT.10.8.94. EXT.P3: COPY OF GOVT.ORDER DT.19.9.97. EXT.P4: COPY OF REPRESENTATION DT.5.4.06 OF THE PETITIONER TO THE 1ST RESPONDENT. EXT.P5: COPY OF ORDER DT.1.4.98 OF THIS COURT IN CMP.NO.10392/98. EXT.P6: COPY OF ORDER DT.13.8.04 OF 3RD RESPONDENT. EXT.P7: COPY OF ORDER DT.17.3.05 OF 2ND RESPONDENT. EXT.P8: COPY OF ORDER DT.19.6.07 OF 3RD RESPONDENT. EXT.P9: COPY OF APPEAL DT.15.10.07 OF THE PETITOINER TO THE 2ND RESPONDENT. EXT.P10: COPY OF EXTRACT OF THE AUDIT REPORT OF 3RD RESPONDENT. EXT.P11: COPY OF LETTER DT.15.6.10 OF THE PETITIONER WITH ENDORSEMENT OF THE HEADMISTRESS. EXT.P12: COPY OF CHARGE MEMO DT.3.7.10 ALONG WITH STATEMENT OF ALLEGATIONS. EXT.P13: COPY OF REPRESENTATION DT.14.9.10 OF THE PETITIONER TO THE 3RD RESPONDENT. EXT.P14: COPY OF LETTER DT.1.10.10 OF 3RD RESPONDENT TO THE PETITIONER. EXT.P15: COPY OF REPRESENTATION DT.26.10.10 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P16: COPY OF MEMO DT.4.11.01 OF THE 3RD RESPONDENT TO THE PETITIONER. EXT.P17: COPY OF ORDER DT.6.4.11 OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. EXT.P18: COPY OF REPRESENTATION DT.26.10.10 OF THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXTS: NIL TRUE COPY dsn P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.35039 of 2010 -------------------------------------------------- DATED THIS THE 3RD DAY OF NOVEMBER, 2011 J U D G M E N T The Writ Petition is filed by the petitioner seeking for various directions. The 1st prayer is to quash Exhibit P12, P14 and P16 which include the memo of charges and other communications. The said prayer has become academic now in the light of Exhibit P17 order imposing penalty. Therefore the surviving reliefs are regarding the prayer for consideration of Exhibits P4 and P9 and the prayer made in I.A.No.17354/11. 2. The facts stated in the Writ Petition show that the petitioner entered service as a Lower Division Clerk on 11.7.1988. During his period of service in Government High School, Kunnakkavu, he had to take leave without allowance on medical grounds and the same was granted for the period from 4.6.1990 to 31.8.1990. He was removed from service by treating him as unauthorisedly absent from service as per Exhibit P1 order. An appeal was filed before the Government, whereby the Government by Exhibit P2 order dated 10.8.1994 directed W.P.(C)No.35039/10 -2- reinstatement of the petitioner in service, but as a fresh entrant with effect from the date of rejoining duty. In the light of the adverse impact in his previous service, the petitioner again filed a review petition against Exhibit P2 order which was allowed by Exhibit P3. In Exhibit P3 a condition was provided to the effect that the period from 4.6.1990 to 30.11.1990 and the period from 1.12.1990 to 4.11.1994 will be regularised as Leave Without Allowance on medical grounds and private affairs. Complaining about the conditions provided in Exhibit P3, the petitioner filed Exhibit P4 representation which is said to be still pending before the Government. 3. Later, the petitioner was again placed under suspension as per Exhibit P6 order. The period of suspension was ordered to be treated as Leave Without Allowance as per Exhibit P8 order, which is under challenge before the Director of Public Instruction in Exhibit P9 appeal. 4. During the pendency of the Writ Petition, by Exhibit P17, the petitioner was imposed a penalty of barring of two increments without cumulative effect. The petitioner has filed an appeal against the same as per Exhibit P18. W.P.(C)No.35039/10 -3- 5. Heard the learned Government Pleader appearing for the respondents. 6. The learned counsel for the petitioner submitted that the Government may be directed to take a decision on Exhibit P4 within a time frame and the Director of Public Instruction may also be directed to pass appropriate orders on Exhibits P9 and P18 expeditiously. Therefore the Writ Petition is disposed of with the following directions: (i) The 1st respondent will take a decision on Exhibit P4 representation after notice to the petitioner within a period of five months from the date of receipt of a copy of this judgment. (ii) The 2nd respondent will take a decision on Exhibits P9 and P18, after notice to the petitioner within a period of four months from the date of receipt of a copy of this judgment. The Writ Petition is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn