IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28742 of 2011(P) -------------------------- PETITIONER: --------------- T.K.GOPI,HSA (SANSKRIT), GOVT.GIRLS HIGHER SECONDARY SCHOOL,THRIPUNITHURA (NOW UNDER ORDER OF COMPULSORY RETIREMENT),RESIDING AT THURUTHUKATTIL HOUSE,KULAYETTIKKARA.P.O, ERNAKULAM DISTRICT,PIN-682315. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENTS: ---------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM,CIVIL STATION,KAKKANADU, ERNAKULAM DISTRICT-682030. 3. THE SECRETARY TO GOVERNMENT (GENERAL EDUCATION DEPARTMENT),GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.28742/11 PETITIONER(S) EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE JUDGMENT DATED 10-3-2010 IN WP(C)7812/2010 OF THIS COURT. EXT.P2: TRUE COPY OF THE ORDER NO.G3/2846/10 DT.21-2-2011 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE RELEVANT PAGES OF THE ORDRE NO.D5/5640/ 2010/DPI/(2)DT.25.5.2010 ISSUED BY THE IST RESPONDENT. EXT.P4: TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER DT.16-9-2011 PASSED BY THE IST RESPONDENT. EXT.P6: TRUE COPY OF THE REVIEW PETITION DT.4-10-2011. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.28742 of 2011 -------------------------------------------------- DATED THIS THE 28th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner has been awarded punishment of compulsory retirement by the Deputy Director of Education, as evident from Exhibit P2 order. The same stands confirmed in Exhibit P5 order passed in appeal. He has been working as High School Assistant (Sanskrit) in the Government Girls' Higher Secondary School, Tripunithura. A reading of the facts stated in the Writ Petition shows that the disciplinary proceedings emanated when a dispute arose between the petitioner and his wife and ultimately, an enquiry was conducted against the petitioner based on her complaint also. 2. The learned counsel for the petitioner submitted that the normal date of retirement of the petitioner is on 31.3.2012 and therefore a decision on Exhibit P6 review petition may be directed to be taken within a time frame. 3. Heard the learned Government Pleader appearing for respondents 1 to 3. 4. I am not pronouncing anything on the merits of the W.P.(C)No.28742/11 -2- matter, since it is upto the Government to take a decision on the review petition filed by the petitioner. There will be a direction to the Government to take a decision on Exhibit P6 review petition, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn