IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10049 of 2009(A) --------------------------------------- PETITIONER: ------------------- JOB THATTIL J., THATTILAN PARADISE, KUNDALIYUR P.O., THRISSUR - 680 616. (RETIRED HEAD MASTER, ST. LOURDE MARY'S L.P. SCHOOL, ENGANDIYOOR). BY ADVS. MR.M.A.THOMAS KUTTY, SMT.ASHA CHERIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, MULLASSERY, VALAPPAD, THRISSUR DISTRICT. 4. THE MANAGER, ST.LOURDE MARY'S L.P.SCHOOL, ENGANDIYOOR, THRISSUR DISTRICT. R1 TO R3 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.10049 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. Thomaskutty M.A., the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner was the Headmaster of St. Lourde Mary's L.P. School, Engandiyoor in Thrissur District. While he was working as LPSA, he was placed under suspension with effect from 15.6.1991 for the reason that he was implicated in a criminal case. The petitioner was acquitted of the criminal charges. The Assistant Educational Officer thereupon directed the Manager to reinstate the petitioner in service. That order was affirmed by the Government also. However, the Manager challenged the orders passed by the educational officers and the Government in this Court by filing O.P.No.3863 of 1977. That Original Petition was dismissed. The Writ Appeal therefrom filed by the Manager was also dismissed. The petitioner was ultimately reinstated in service by order passed on 5.6.1998. The petitioner re-joined duty on 10.6.1998 and on the very next day, the petitioner was promoted as Headmaster. The petitioner thereafter retired from service on 30.4.2002. Though the petitioner had been reinstated, the Manager had not issued orders WP(C) 10049/09 -: 2 :- regularising the period of suspension. The school was also closed down for shortage of students as per Ext.P7 order dated 21.10.2003. The petitioner thereupon moved the Government in Ext.P4 representation dated 25.10.2004 seeking regularisation of the period of suspension and for consequential benefits. The Government called for a report from the Director of Public Instruction, as can be seen from Ext.P6 letter dated 19.4.2008. The petitioner's grievance is that though more than one year has passed thereafter, there is no progress in the matter. In this Writ Petition, the petitioner inter alia prays for a direction to the Government to consider the request made by him in Ext.P4 representation and pass orders thereon within a time limit to be fixed by this Court. 3. The pleadings disclose that the school where the petitioner was working was closed down in the year 2003. The petitioner retired from service on 30.4.2002. The petitioner was kept under suspension for an unduly long period of nearly seven years. Though the Manager initially declined to comply with the orders passed by the educational officers, ultimately the petitioner was reinstated in service on 5.6.1998. However, orders have not been passed till date regularising the period of suspension. In view of this, I am of the opinion that the Government should pass expeditious orders on Ext.P4. 4. I accordingly dispose of this Writ Petition with the following directions (i) The Director of Public Instruction shall if the report called for by WP(C) 10049/09 -: 3 :- the Government has not so far been furnished, shall furnish the same to the Government within two months from the date of receipt of a certified copy of this judgment. (ii) The Government shall within a period of three months from the date of receipt of the report from the Director of Public Instruction pass final orders on Ext.P4. (iii) Before final orders are passed, the Government shall afford the petitioner a reasonable opportunity of being heard. (iv) The Government shall after orders are passed communicate copies thereof to the petitioner and the educational officers concerned, who shall thereupon pass consequential orders and also disburse to the petitioner arrears of salary and allowances depending on the terms of the Government order. (v) If the Government regularises the period during which the petitioner was kept under suspension as duty or as on leave which counts for pensionary benefits, the competent authority among the respondents shall also take steps to revise his pension accordingly. P.N.Ravindran, Judge. ess