IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2606 of 2010(A) -------------------------------------- PETITIONER(S): ---------------------- T.D.ANTO, S/O.DEVASSY, THATTIL MANDI HOUSE, P.O.CHAZHUR, THRISSUR DISTRICT.(CLERK C.J.M.A., H.S.S. VARANDARAPPILLY) BY ADVS.MR.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): ------------------------ 1. THE CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR, REP. BY CORPORATE MANAGER, CATHOLIC ARCH BISHOP'S HOUSE, THRISSUR. 2. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. 3. THE HEAD MISTRESS, C.J.M.ASSUMPTION HIGHER SECONDARY SCHOOL, VARANDARAPPILLY, THRISSUR-680 303. 4. THE DEPUTY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J ----------------------- W.P.(C). No.2606 of 2010 ------------------------------- Dated this the 28th day of January, 2010 J U D G M E N T The petitioner is a clerk in an aided school, who was suspended in 1999 in view of registering of a criminal case against him. In the criminal case, as per Ext.P4 judgment, the petitioner was acquitted of the charges against him, since there was no evidence against the petitioner. The petitioner was issued with Ext.P5 show cause notice for conversion of the period of suspension as any kind of leave, in exercise of powers under Rule 56 B of KSR. The petitioner filed Ex.P6 explanation after considering which the first respondent confirmed the order of the second respondent. The petitioner is challenging the same. According to the petitioner, in view of the decision of this court in Santhosh Kumar Vs. State of Kerala (ILR 2007(3) 101) and Gangadharan Vs. State of Kerala (2009 (1) KLT 713) the petitioner is entitled for full pay and allowances treating the period of suspension as duty for all purposes. The petitioner therefore seeks quashing of Ext.P7 and Ext.P8. W.P.(c) No.2606/2010 2 I am of the opinion that the petitioner has an alternate remedy by way of filing a revision petition before the Government for the relief. Therefore without prejudice to that right this writ petition is dismissed. S. SIRI JAGAN, JUDGE. sou.