IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 14444 of 2011(E) -------------------------- PETITIONER: --------------- SONY MATHEW, AGED 35 YEARS, S/O MATHEW JOSEPH, KALLUKUZHY HOUSE, UMBIDI P.O., THOTTAKAD, KOTTAYAM. BY ADV. SRI.JINU JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, OFFICE OF THE HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTI NAGAR P.O., THIRUVANANTHAPURAM – 695 001. 2. THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR FOR HIGHER SECONDARY EDUCATION, EDAPALLY HIGH SCHOOL COMPOUND, EDAPPALLY P.O., ERNAKULAM – 682025. 3. THE PRINCIPAL, ST.BERCHMAN'S HIGHER SECONDARY SCHOOL, CHANGANACHERRY P.O., KOTTAYAM DISTRICT- 676 005. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 AND R2 R3-PARTY IN PERSON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14444/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF APPROVAL LETTER. EXT.P2: TRUE COPY OF APPOINTMENT LETTER. EXT.P3: TRUE COPY OF REPRESENTATION DT.25.3.11. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.14444 Of 2011-E -------------------------------------------------- DATED THIS THE 5TH DAY OF JULY, 2011 J U D G M E N T The main prayer in the Writ Petition is for a direction to the 2nd respondent to take necessary action on Exhibit P3 representation within a time frame. 2. Heard the learned counsel for the petitioner and the 3rd respondent who appeared in person. The 3rd respondent is the Principal of St.Berchman's Higher Secondary School, Changanassery. The petitioner is presently working as a Higher Secondary School Teacher in the Government Higher Secondary School, Angadikkal South, Chengannur. Initially, he had joined the St.Berchman's Higher Secondary School at Changanassery on 4.9.2002. It is stated that he served in the school nearly for four years and during that time he was transferred to the St.Thomas Higher Secondary School, Amboory on 16.7.2006. During his service there, he was given appointment in the Government School and accordingly, he resigned from the said school on 19.9.2007 and joined the Government Higher Secondary School, W.P.(C)No.14444/11 -2- Maneed, Ernakulam District on 20.9.2007. This is evident from Exhibit P2 Government order. 3. It is the case of the petitioner that thereafter the Office the Regional Deputy Director of Higher Secondary Education was established. It is the further case of the petitioner that the 3rd respondent is therefore duty bound to verify the service of the petitioner for the period from 1.11.2005 to 16.7.2006. This is necessary for pay fixation. 4. The 3rd respondent who appeared in person submitted that the service book and other documents were returned to the petitioner on 27.11.2006 after executing a receipt for the same for his own purposes and he has not re-submitted the same to the 3rd respondent for forwarding it to the Office of the Regional Deputy Director of Higher Secondary Education, Ernakulam. It is therefore submitted that there was no inaction on the part of the 3rd respondent as alleged in the Writ Petition. In that view of the matter, the petitioner will have to re- submit the service book before the 3rd respondent and it is submitted by the learned counsel for the petitioner that the petitioner will re-submit the same within a period of two weeks W.P.(C)No.14444/11 -3- from today. If the petitioner re-submits the same before the 3rd respondent as agreed, the 3rd respondent will verify the same and forward it to the Regional Deputy Director for appropriate action, if any required. It is also submitted by the 3rd respondent that there are some dues towards library books, which are payable by the petitioner. It is open to the 3rd respondent to issue appropriate communication to the petitioner in the matter. With liberty to do so, the Writ Petition is disposed of. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn