IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 RP.No. 121 of 2010(V) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33213/2009 Dated 03/12/2009 .................... REVIEW PETITIONER(S): 1ST RESPONDENT ------------------------------------ THE MANAGER, D.V.V.H.S.S., THALAVOOR, KUNNIKODE, KOLLAM DISTRICT. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): PETITIONER/RESPONDENTS 2 & 3 ------------------------------------------- 1. K.C.SREELAL, FORMERLY VOCATIONAL INSTRUCTOR (VHSE) [UNDER SUSPENSION], DVVHSS, THALAVOOR, KUNNIKODE, KOLLAM DISTRICT. 2. ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, KOLLAM REGION, KOLLAM. 3. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ R.P. No.121/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2010 O R D E R This review petition is filed at the instance of the first respondent in W.P.(C).No.33213/2009. The writ petition was dismissed at the admission stage itself without issuing notice to the review petitioner and in these circumstances, he has approached this Court by filing this review petition. The writ petition was one filed by the first respondent herein, wherein he was directed to file a representation for reviewing the order of suspension and the Director of Vocational Higher Secondary Education was directed to consider the same in accordance with law and pass appropriate orders within two months after hearing the petitioner and the review petitioner herein. 2. Heard the learned counsel appearing for parties. In the review petition it is pointed out that prior to the filing of the writ petition, there was an application for voluntary retirement by the writ petitioner which was directed to be treated as resignation by the Director of Vocational Higher Secondary Education as per Annexure A and, thereafter, the resignation was accepted with effect from 16/05/2007. R.P. No.121/2010 -:2:- 3. The learned counsel for the writ petitioner submitted that the writ petitioner had to submit the resignation on threat and coercion. 4. In the light of the direction issued by this Court in the writ petition, the review petitioner will be free to raise the contentions based on Annexure A before the second respondent when a hearing is conducted as directed by this Court to consider the representation filed by the writ petitioner seeking reinstatement in service. All aspects will be considered by the Assistant Director and the parties will be allowed to raise their respective contentions also. To that extent, the Judgment rendered by this Court is modified. The review petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms