IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 20823 of 2009(W) -------------------------------------- PETITIONER: ANITHA E.N., TEACHER, RAMAGURU U.P.SCHOOL, ELAMBILAN, NALLANKANDI HOUSE, ONAPARAMBA ROAD, CHIRAKKAL PO, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: 1. THE MANAGER, RAMAGURU U.P.SCHOOL, CHIRAKKAL PO, KANNUR DISTRICT. 2. THE HEADMASTER, RAMAGURU U.P.SCHOOL, CHIRAKKAL PO, KANNUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAPPANASSERI, PAPPINISSERI PO, KANNUR DIST. 4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT, PO KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR FOR R1-2 GOVT. PLEADER SMT.NISHA BOSE FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 20823/2009 PETITIONER'S EXHIBITS: EXT. P1TRUE COPY OF ORDER FOR THE CANCELLATION OF SUSPENSION – ORDER DT. 22.8.08 BY THE FIRST RESPONDENT EXT. P2 TRUE COPY OF MEDICAL CERTIFICATE DT. 12.6.2009 ISSUED FROM THE PARIYARAM MEDICAL COLLEGE EXT. P3 TRUE COPY OF LEAVE APPLICATION DT. 1.6.08 OF THE PETITIONER EXT. P4 TRUE COPY OF LETTER DT. 19.8.08 SENT BY THE 5TH RESPONDENT EXT. P5 TRUE COPY OF APPLICATION DT. 15.9.09 FILED BY THE PETITIONER TO REGULARISE THE SUSPENSION PERIOD EXT. P6 TRUE COPY OF APPLICATION FOR LEAVE DT. 15.9.09 FILED BY THE PETITIONER TO GRANT LEAVE WITHOUT ALLOWANCE FOR THE PERIOD 23.8.09 TO 31.5.10 EXT. P7 TRUE COPY OF ORDER NO.B6/4369/09/K.DIS DT. 28.4.10 OF R4 EXT. P8 TRUE COPY OF GO(Rt) 3914/10/G.EDN. DT. 6.9.10 RESPONDENT'S EXHIBITS: EXT.R1(a) TRUE COPY OF THE ORDER OF THE DDE, KANNUR DT. 20.10.06 EXT.R1(b) TRUE COPY OF THE LETTER DT. 12.3.07 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT EXT.R1(c) TRUE COPY OF THE LETTER DT. 31.7.07 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT EXT.R1(d) TRUE COPY OF THE SHOW CAUSE NOTICE DT. 21.8.07 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER BY REGISTERED POST EXT.R1(e) TRUE COPY OF THE ACKNOWLEDGEMENT CARD DT. 23.8.07 BY THE PETITIONER EXT.R1(f) TRUE COPY OF THE COMMUNICATION DT. 31.8.07 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT EXT.R1(g) TRUE COPY OF THE ORDER OF SUSPENSION DT. 20.9.07 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXT.R1(h) TRUE COPY OF THE ACKNOWLEDGEMENT CARD DT. 25.9.07 BY THE PETITIONER EXT.R1(i) TRUE COPY OF THE COMMUNICATION DT. 29.9.07 ISSUED BY THE FIRST RESPONENT TO THE THIRD RESPONDENT AEO FOR EXTENSION OF PERIOD OF SUSPENSION EXT.R1(j) TRUE COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT AEO DT. 8.10.07 GRANTING SANCTION FOR EXTENSION OF THE PERIOD OF SUSPENSION EXT.R1(k) TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DT. 22.10.07 EXTENDING THE PERIOD OF SUSPENSION ALONG WITH MEMO OF CHARGES EXT.R1(l) TRUE COPY OF THE REGISTERED POSAL COVER ALONG WITH ACKNOWLEDGEMENT CARD RETURNED BY THE PETITIONER AS REFUSED EXT.R1(m) TRUE COPY OF THE COMMUNICATION ISSUEDBY THE FIRST RESPONDENT DT. 30.10.07 TO THE THIRD RESPONDENT FOR PERMISSION TO TAKE MAJOR DISCIPLINARY ACTION AGAINST THE PETITIONER EXT.R1(n) TRUE COPY OF THE LETTER DT. 7.12.07 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT DIRECTING PUBLICATION EXT.R1(o) TRUE COPY OF THE MATHRUBHUMI DAILY DT. 22.12.07 INDICATING PUBLICATION EXT.R1(p) TRUE COPY OF THE REQUEST FORWARDED BY THE FIRST RESPONDENT DT. 9.1.08 TO THE THIRD RESPONDENT REQUESTING SANCTION TO TERMINATE THE PETITIONER EXT.R1(q) TRUE COPY OF THE COMMUNICATION BY THE THIRD RESPONDENT DT. 23.2.08 TO THE FIRST RESPONDENT EXT.R1(r) TRUE COPY OF THE COMMUNICATION DT. 1.3.08 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER SEEKING EXPLANATION FROM THE PETITIONER REGARDING TERMINATION EXT.R1(s) TRUE COPY OF THE EXPLANATION DT. 12.3.08 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT EXT.R1(t) TRUE COPY OF THE APPLICATION FOR LEAVE WITHOUT ALLOWANCE DT. 12.3.08 ALONG WITH FOUR MEDICAL CERTIFICATES DT. 1.6.07, 1.9.07, 1.12.07 AND 1.3.08 EXT.R1(u) TRUE COPY OF THE ORDER OF CENSURE DT. 5.5.08 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXT.R1(v) TRUE COPY OF THE COMMUNICATION DT. 22.5.08 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT EXT.R1(w) TRUE COPY OF THE REPLY DT. 21.6.08 SUBMITTED BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT EXT.R1(x) TRUE COPY OF THE COMMUNICATION DT. 15.12.08 ISSUED BY THE FIRST RESPONDENT TO THE DISTRICT MEDICAL OFFICER, KANNUR EXT.R1(y) TRUE COPY OF THE COMMUNICATION DT. 4.6.09 ISSUED BY THE SUPERINTENDENT, DISTRICT HOSPITAL, KANNUR TO THE FIRST RESPONDENT EXT.R1(x) TRUE COPY OF THE DETAILED REPORT DT. 5.6.09 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE FOURTH RESPONDENT DEO KANNUR EXT.R1(a) TRUE COPY OF THE ANSWER PAPER DT. 24.3.06 OF NIVEDIDHA.K. OF VII B RAMAGURU UP SCHOOL EXT.R2(b) TRUE COPY OF THE COMMUNICATION SUBMITTED BY THIS RESPONDENT DT. 27.3.07 BEFORE THE FIRST RESPONDENT MANAGER EXT.R2(c) TRUE COPY OF THE COMMUNICATION ADDRESSED BY THIS RESPONDENT TO THE AEO, THE THIRD RESPONDENT HEREIN DT. 18.7.07 EXT.R2(d) TRUE COPY OF THE COMMUNICATION ADDRESSED BY THIS RESPONDENT TO THE AEO, THE THIRD RESPONDENT HEREIN DT. 18.7.07 /TRUE COPY/ T.R.Ramachandran Nair, J. ------------------------------------------- W.P.(C) No.20823 of 2009 W ------------------------------------------- Dated this the 17th day of August, 2011 JUDGMENT The petitioner herein, who was suspended from service on 20.9.2007, had approached this Court seeking for a direction to the respondent to regularise his suspension period and to disburse the subsistence allowance. He was reinstated in service on 22.8.2008. 2. Heard the parties. 3. Petitioner has produced Exhibit P8 order passed by the Government along with I.A.No.13397/2011. The said order is passed after considering the application submitted by the petitioner to regularise the period from 1.6.2007 to 31.5.2010. Now, Government has regularised the service as leave without allowance without medical certificate. It is further stated in the order that the said period will not be counted for increment, higher grade, pension or earned leave. 4. Since Government has already passed the said order, no further orders are called for in this writ petition. 5. Learned counsel for the petitioner pointed out that even though this Court, by interim order dated 16.10.2009, had directed the fourth respondent to disburse the subsistence allowance for the WPC 20823/09 2 period of suspension, same has not been disbursed so far. Same will be considered by the fourth respondent in the light of Exhibit P8 order passed by the Government and all eligible benefits will be disbursed to the petitioner within a period of two months from today. The writ petition is accordingly disposed of. (T.R.Ramachandran Nair, Judge) tkv