IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 1470 of 2010(G) ------------------------- PETITIONER(S): --------------- V.P.KUNHISOOPI, H.S.A.AYANCHERI RAHMANIYA HIGH SCHOOL, P.O. THAROPPOYIL VIA. PONMERI, VATAKARA, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): --------------- 1. STATE OF KRALA, RPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, 4. DISTRICT EDUCATIONAL OFFICER, VATAKARA, KOZHIKODE. 5. HEADMASTER, AYANCHIERI RAHMANIYA HIGH SCHOOL, P.O. THAROPPOYIL VIA, PONMERI, VATAKARA, KOZHIKODE. 6. MANAGER, AYANCHERI RAHMANIYA HIGH SCHOOL, P.O. THAROPPOYIL VIA, PONMERI, VATAKARA, KOZHIKODE. GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 1470 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of January, 2010. J U D G M E N T The petitioner was working as a High School Assistant (Natural Science) in the 6th respondent's school. He was suspended on 28-7- 2001 for involvement in a criminal case. In the criminal case, the petitioner was acquitted honourably by the trial court, the appellate court and the apex court. The petitioner's suspension was revoked and he was reinstated in service on 4-4-2009. According to the petitioner, consequently, he is entitled to full service benefits for the period during which he was kept under suspension pending the criminal case. The petitioner therefore filed a representation before the 4th respondent to regularise the service and to grant the benefits available to the petitioner. But, by Ext. P5, that proposal was returned by the DEO to the Headmaster directing the Headmaster to obtain orders from the Government in that regard insofar as the judgment in the S.L.P. before the Supreme Court has not yet been received. In the above circumstances, the petitioner has filed Ext. P6 representation before the Minister for Education, Government of Kerala. Presently, the petitioner would be satisfied with a direction to the 1st respondent to consider and pass orders on Ext. P6. 2. The learned Government Pleader points out that Ext. P6 is not filed before the 1st respondent, but before the Minister. 3. I have considered the rival contentions. 4. Although, Ext. P6 is filed before the Minister, I am of opinion that the same can be considered as one filed before the 1st respondent. Accordingly, the 1st respondent is directed to pass W.P.C. No. 1470/2010 -: 2 :- appropriate orders on Ext. P6 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being head to the petitioner. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.