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Kerala High Court

Sasikumar M vs State Of Kerala on 22 January, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2026:KER:5477

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 THURSDAY, THE 22ND DAY OF JANUARY 2026 / 2ND MAGHA, 1947

                    WP(C) NO. 12576 OF 2025

PETITIONER:

         SASIKUMAR M
         AGED 55 YEARS
         S/O.MADHAVAN PILLAI,
         H.S.T. (SOCIAL SCIENCE),
         R.R.V.G.H.S.S., KILIMANOOR P.O.,
         THIRUVANANTHAPURAM - 695 601,
         RESIDING AT PRIYA BHAVAN,
         CHOOTTAYIL, KILIMANOOR P.O.,
         THIRUVANANTHAPURAM


         BY ADVS.
         SRI.B.MOHANLAL
         SMT.P.S.PREETHA
         SRI.ASWIN V. NAIR
         SRI.KARTHIK J SEKHAR
         SRI.ABIJITH M.
         SMT. AVANI NAIR
         SMT.JAYAPRABHA ARJUN
         SMT.PRAVEENA T.




RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION
         GOVERNMENT OF KERALA,
                                               2026:KER:5477
WP(C) No.12576 of 2025

                               2


          JAGATHY P.O., THIRUVANANTHAPURAM,
          PIN - 695014

    3     THE DEPUTY DIRECTOR OF EDUCATION
          EAST FORT, FORT P.O.,
          THIRUVANANTHAPURAM, PIN - 695023

    4     THE DISTRICT EDUCATIONAL OFFICER
          ATTINGAL, ATTINGAL P.O.,
          THIRUVANANTHAPURAM, PIN - 695101

    5     THE MANAGER
          R.R.V. SCHOOLS, KILIMANOOR,
          KILIMANOOR P.O., THIRUVANANTHAPURAM,
          PIN - 695601

    6     THE HEADMISTRESS
          R.R.V. GIRLS SCHOOLS, KILIMANOOR,
          KILIMANOOR P.O.,
          THIRUVANANTHAPURAM, PIN - 695601


          BY ADVS.
          SRI.K.SIJU
          SMT.ANJANA KANNATH
          SMT.SAFNA P.S.


          SRI. PREMCHAND R. NAIR,SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                  2026:KER:5477
WP(C) No.12576 of 2025

                                3



                           JUDGMENT

Dated this the 22nd day of January, 2026 The petitioner, who has been working as HST in the RRV School, Kilimanoor, Thiruvananthapuram, was imposed with a punishment of withholding of increment due on 01.06.2023 and 01.06.02024 till 31.05.2025 on a permanent basis. The period of suspension from 13.10.2022 to 27.10.2022 was directed to be treated as Leave Without Allowance. The petitioner is aggrieved by the imposition of penalty and regularisation of the leave period as Leave Without Allowance.

2. The petitioner would further submit that the petitioner is eligible for salary for the period he was unnecessarily kept under suspension. The salary for the period from 27.10.2022 to 12.02.2023 has not been paid. The petitioner would urge that the Government has to pay the said amount and if necessary, recover it from the Manager.

2026:KER:5477 WP(C) No.12576 of 2025 4

3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4.

4. I find that aggrieved by the punishment imposed and regularisation of period of suspension as Leave Without Allowance, the petitioner has preferred Ext.P18 Revision Petition before the Government. In the circumstances, it would be only appropriate that the revisional authority considers the same. While considering Ext.P18, the revisional authority will be free to consider the aspect of payment of salary to the petitioner for the period from 27.10.2022 to 12.02.2023.

In the circumstances, the writ petition is disposed of directing the 1st respondent to consider Ext.P18 Revision Petition and pass appropriate orders thereon within a period of four months, after giving an opportunity of hearing to the petitioner.

Sd/-

N.NAGARESH JUDGE hmh 2026:KER:5477 WP(C) No.12576 of 2025 5 APPENDIX OF WP(C) NO. 12576 OF 2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER NO:RRV-

11/2022 DATED 13.10.2022 ISSUED BY THE 5TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE ORDER NO.B3/10649/2022/DEO DATED 21.10.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 09/11/2022 IN W.P.(C)NO:35826/2022 OF THIS HON'BLE COURT Exhibit P4 THE TRUE COPY OF THE ORDER NO:DDETVM/5103/2022-B4 DATED 25/12/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE ORDER NO:RRV/REDDY/20230213/01 DATED 12/02/2023 ISSUED BY THE 5TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 13/02/2023 IN W.P.(C)NO:1166/2023 OF THIS HON'BLE COURT Exhibit P7 THE TRUE COPY OF THE APPLICATION DATED 07/05/2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT AND ITS POSTAL RECEIPT DATED 07/05/2024 Exhibit P8 THE TRUE COPY OF THE COMMUNICATION NO.RRV/REDDY/20230130/02 DATED 30/1/2023 ISSUED BY THE 5TH RESPONDENT ALONG WITH THE ENQUIRY REPORT Exhibit P9 THE TRUE COPY OF THE MEMO OF CHARGES NO.RRV/REDDY/20221111/101 DATED 11/11/2022 Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.13825/2023 DATED 13/4/2023 OF THIS HON'BLE COURT Exhibit P11 THE TRUE COPY OF THE ENQUIRY REPORT OF THE PETITIONER SUBMITTED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 07/06/2023 2026:KER:5477 WP(C) No.12576 of 2025 6 Exhibit P12 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C)NO.22738/2023 DATED 14/11/2024 Exhibit P13 THE TRUE COPY OF THE NOTICE NO.RRV/20241210/02 DATED 10/12/2024 ISSUED BY THE 5TH RESPONDENT Exhibit P14 THE TRUE COPY OF THE NO.DEO.ATL/10649/2022-B3 DATED 10/7/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P15 THE TRUE COPY OF THE ORDER NO.RRV/REDDY/20241215/02 DATED 16/12/2024 ISSUED BY THE 5TH RESPONDENT Exhibit P16 THE TRUE COPY OF THE APPLICATION DATED 27/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P17 THE TRUE COPY OF THE ORDER NO.P12/4/ 21025253900/10251669817 DATED 21/3/2025 ISSUED BY THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM TO THE 3RD RESPONDENT AND THE PETITIONER Exhibit P18 THE TRUE COPY OF THE MEMORANDUM OF REVISION SUBMITTED BY THE PETITIONER UNDER RULE 92 OF CHAPTER XIV A KER BEFORE THE 1ST RESPONDENT, DATED 22/10/2025 AND ITS POSTAL RECEIPT RESPONDENT EXHIBITS Exhibit.R5(a) THE COPY OF PROCEEDINGS OF THE 4TH RESPONDENT DATED 20.9.2025 VIDE ORDER NO.DEO ATL/10649/2022-B3 DATED 20.9.2025