IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 30131 of 2010(N) -------------------------- PETITIONER(S): --------------- O.K.PRABHAKARAN, ASSISTANT TEACHER, CHEMANCHERRY-KOLAKKAD UP SCHOOL, THUVVAKKODE P.O., KOYILANDY. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM-695001. 2. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA, PIN-673101. 3. ASSISTANT EDUCATIONAL OFFICER, KOYILANDY, KOZHIKODE DISTRICT, PIN-673305. 4. THE MANAGER, CHEMANCHERY-KOLAKKAD UP SCHOOL, THUVVAKKODE P.O., KOYILANDY-673304. ADV. SRI.V.A.MUHAMMED FOR R4 SRI.K.E.HAMZA FOR R4 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, ALONG WITH W.P.(C) NO.34176/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30131 of 2010 N & W.P.(C).No.34176 of 2010 V --------------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT O.K.Prabhakran, the petitioner in W.P.(C) No.30131 of 2010, while working as U.P.S.A. in Chemanchery-Kolakkad U.P. School, was placed under suspension from 28.3.2008 by the Manager. The Educational Officer granted permission to continue the suspension beyond 15 days, as provided under Rule 67(8) of Chapter XIV A of the Kerala Education Rules. The Manager imposed a major penalty of removal of the petitioner from service. The District Educational Officer, as per the order dated 10.6.2010 did not ratify the penalty imposed by the Manager on the petitioner. The District Educational Officer suggested that if necessary, any other penalty could be imposed on the petitioner. Challenging the order passed by the District Educational Officer, the Manager filed a revision dated 5.7.2010 before the Government. The W.P.(C) Nos.30131 & 34176 of 2010 2 revision is pending disposal. O.K.Prabhakaran applied for leave without allowance from 3.6.2009 onwards. The Manager did not issue no objection certificate. O.K.Prabhakaran is aggrieved by the inaction on the part of the Government. He also challenges the order of suspension. 2. The Manager, in the Writ Petition filed by him as W.P. (C) No.34176 of 2010, challenges the order dated 10.6.2010 passed by the District Educational Officer. The Manager also prays for a direction to the Government to dispose of the revision filed by him. 3. Heard the learned Government Pleader, the learned counsel appearing for the Manager and the learned counsel appearing for O.K.Prabhakaran. 4. The learned Counsel appearing for the parties submitted that in the peculiar facts and circumstances of the case, for the present, it would be sufficient, if a direction is issued to the Government to dispose of the revision filed by the W.P.(C) Nos.30131 & 34176 of 2010 3 Manager expeditiously, after hearing all the affected parties. 5. Accordingly, the Writ Petitions are disposed of as follows : The first respondent (State of Kerala) shall dispose of the revision petition dated 5.7.2010 (Exhibit P16 in W.P.(C) No.30131 of 2010 and Exhibit P22 in W.P.(C) No.34176 of 2010), as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the Manager and O.K.Prabhakaran. The petitioners shall produce the respective copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl