IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 2746 of 2009(B) ------------------------- PETITIONER: --------------- PREMACHANDRAN, ,U.D.CLERK GOVERNMENT VHSS, ACHANKOVIL UNDER SUSPENSION KAMALALAYAM, ERAM, THADIKKADU PO.,ANCHAL, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENED BY THE SECRETARY TO EDUCATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, (EDUCATION) KOLLAM DISTRICT. 3. THE DISTRICT EDUCATION OFFICER PUNALUR EDUCATIONAL DISTRICT, PUNALUR, KOLLAM. 4. THE HEADMASTER GOVERNMENT VHSS ACHANKOVIL, KOLLAM. 5. THE SENIOR ASSISTANT, GOVERNMENT VHSS ACHANKOVIL, KOLLAM. BY GOVT. PLEADER SHRI.A.J.VARGESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.2746 of 2009-B --------------------------------------------- Dated this the 4th February, 2009. J U D G M E N T The petitioner, while working as UD Clerk in the Education Department, was placed under suspension on 28.10.2003 as per Exhibit P1 order. The memo of charges dated 12.3.2004 was issued. Exhibit P3 statement of allegations was also issued along with Exhibit P2 memo of charges. It is stated that the petitioner submitted a reply to Exhibit P2 memo of charges on 5.6.2004. It is further stated that he has lost copy of that reply. The District Educational Officer issued Exhibit P4 notice of enquiry. The petitioner attended the enquiry. The grievance of the petitioner is that nothing was heard thereafter. The disciplinary proceedings have not been finalised. The petitioner is not served with enquiry report. He also complained that the subsistence allowance was not paid to him after 30.11.2006. 2. Pointing out his grievances, the petitioner submitted representations, which did not evoke any response. Finally, he submitted Exhibit P8 representation dated 18.8.2008 to the Deputy Director of Education requesting for reinstatement and for disbursement of subsistence allowance. Exhibit P8 is not disposed of. W.P(C) No.2746 of 2009-B 2 3. The learned Senior Government Pleader submitted that the subsistence allowance was not disbursed since the petitioner did not produce non-employment certificate before the Headmaster. The Senior Government Pleader also pointed out that the non-employment certificate was produced only upto June 2007. In the facts and circumstances of the case, I am of the view that for the present, it would be appropriate to direct the Deputy Director of Education, Kollam to consider Exhibit P8 and dispose of the same within a period of one month. The Deputy Director of Education shall take necessary steps to complete the disciplinary proceedings against the petitioner. He shall also consider the request of the petitioner for reinstatement and for disbursement of subsistence allowance, after affording an opportunity of being heard to the petitioner. It is made clear that I have not expressed any opinion on the merits of the case. Writ Petition is disposed as above. K.T.SANKARAN JUDGE ab W.P(C) No.2746 of 2009-B 3 W.P(C) No.2746 of 2009-B 4 W.P(C) No.2746 of 2009-B 5 W.P(C) No.2746 of 2009-B 6