IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 24283 of 2007(N) --------------------------------------- PETITIONER(S): ------------------------ BALAKRISHNAN.M, AGED 42 YEARS, S/O T.T.UNNI, U.P.S.A., S.R.U.P.SCHOOL, KUNISSERY, PALAKKAD. BY ADV. MR.U.BALAGANGADHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD. 5. THE MANAGER, S.R.U.P.SCHOOL, KUNISSERY, PALAKKAD. 6. THE HEAD MASTER, S.R.U.P.SCHOOL, KUNISSERY, PALAKKAD. BY GOVT. PLEADER SMT.T.B.RAMANY FOR R1 TO R4 BY ADVS. MR.K.MOHANAKANNAN FOR R5, R6 SMT.A.R.PRAVITHA FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24283/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF SUSPENSION DT. 27.1.2000 ISSUED BY the 5TH RESPONDENT IN FAVOUR OF THE PETITIONER. P2:- COPY OF THE ORDER DT. 9.2.2000 ISSUED BY THE 4TH RESPONDENT. P3:- COPY OF THE GOVERNMENT ORDER BEARING NO.GO(RT0 3010/2000/GE DT. 25.9.03 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE ORDER DT. 21.10.2000 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER. P5:- COPY OF THE ORDER DT. 20.9.03 ISSUED BY THE 4TH RESPONDENT. P6:- COPY OF THE ORDER DT. 27.1.04 ISSUED BY THE 4TH RESPONDENT. P7:- COPY OF THE COMMUNICATION DT. 2.9.06 ISSUED BY 4TH RESPONDENT TO THE 3RD RESPONDENT. P8:- COPY OF THE REPRESENTATION DT. 11.2.06 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P9:- COPY OF THE GO(RT) 2375/08/G.EDN. DT. 27.5.08 ISSUED BY THE IST RESPONDENT. P10:- COPY OF THE REPRESENTATION OF THE PETITIONER TO IST RESPONDENT DT. 24.6.08. P11:- COPY OF THE REPRESENTATION OF THE PETITIONER TO THE GOVT. DT. 6.9.08. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE JUDGMENT DT. 6.9.07 IN WPC. 26564/07. R5(b):- COPY OF THE GOVERNMENT ORDER (RT) 2375/G/EO/25/5/01. R5(c):- COPY OF THE SHOW CAUSE NOTICE DT. 21.7.08 TO THE PETITIONER. R5(d):- COPY OF THE OBJECTION FILED BY THE PETITIONER. R5(e):- COPY OF THE ORDER NO.DP/MB/08 DT. 8.8.08 OF THE PETITIONER. TRUE COPY P.S TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24283 of 2007-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2009. JUDGMENT The petitioner has filed this writ petition initially seeking for a direction to the first respondent Manager to regularise the period of his suspension from 27.1.2000 to 24.10.2000 as duty for all purposes. The petitioner was suspended from service on 27.1.2000. The 4th respondent, Asst. Educational Officer refused to ratify the same and issued a direction as per Ext.P2 to reinstate him in service. It appears that the Manager filed O.P.No.5309/2000 challenging Ext.P2, which was dismissed. Thereafter, the petitioner was reinstated in service on 24.10.2000. Memo of charges was issued later. Without communicating the report of enquiry the Manager proposed the penalty of withholding next three increments without cumulative effect. Ultimately, the Asst. Educational Officer passed an order as per Ext.P5, refusing ratification of the proposal submitted by the Manager in awarding the penalty of withholding of next three increments of the petitioner without cumulative effect. Again, the Manager imposed a penalty of withholding of one increment without cumulative effect. That was also not approved, but was rejected going by Ext.P6. This was wpc 24283/2007 2 challenged by the Manager before the Government and the Government by Ext.P9 order, awarded a minor punishment of censure for not abiding the instructions of the Headmaster. Ext.P9 is under challenge in the amended writ petition. 2. In the counter affidavit filed by the Manager, Ext.R5(e) has been produced which is an order by which the period of suspension has been regularised as eligible leave. The petitioner has challenged the same before the Government by way of Ext.P11 representation, produced along with the reply affidavit. 3. In the light of the above, there will be a direction to the Government to take a decision on Ext.P11 dated 6.9.2008 within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner and the Manager. The contentions of the petitioner regarding the legality of Ext.P9 are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/