Kerala High Court
Preethy Davidson vs The State Of Kerala on 18 March, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
WP(C).No. 2390 of 2019
PETITIONER/S:
PREETHY DAVIDSON,
AGED 43 YEARS
W/O BINU ALEX, MEPPURATHU HOUSE, THUKALASSERY,
THIRUVALLA, PATHANAMTHITTA 689 101, (CLERK CSI
VOCATIONAL HIGHER SECONDARY SCHOOL FOR THE DEAF,
THIRUVALLA 689 101)
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR,
OFFICE OF THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY
EDUCATION, THIRUVANANTHAPURAM-695 001.
3 THE ASSISTANT DIRECTOR,
OFFICE OF THE ASSISTANT DIRECTOR FOR VOCATIONAL
HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
CHENGANNUR-689 121.
4 THE PRINCIPAL,
CSI VOCATIONAL HIGHER SECONDARY SCHOOL FOR THE DEAF,
THIRUVALLA 689 101.
5 THE MANAGER,
CSI VOCATIONAL HIGHER SECONDARY SCHOOL FOR THE DEAF,
CSI BISHOPS OFFICE, CATHEDRAL ROAD, KOTTAYAM 686001.
BY ADVS.
SRI.CHERIAN GEE VARGHESE
SRI.BIJU HARIHARAN
SRI.P.C.SHIJIN
SRI.P.HARIDAS
SRI.R.B.BALACHANDRAN
SRI.RISHIKESH HARIDAS
SRI.V.RAJASEKHARAN NAIR
SMT.G.RANJITHA, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2390 of 2019
2
JUDGMENT
The Writ Petition is filed aggrieved by the refusal on the part of the Manager, to implement Exts.P7 and P13 orders.
2.The learned counsel for the 5th respondent(Manager) submits that, the Manager has already moved the Government with Ext.R5(a) revision petition.
3.The matter therefore requires to be considered by the Government. Petitioner will be free to raise all his contentions including maintainability of the revision petition before the Government.
4.The writ petition is therefore disposed of, directing the first respondent to consider and pass orders on Ext.R5(a) revision petition, after affording an opportunity of hearing to the petitioner as well as the 5th respondent, within a period of 3 months from the date of receipt of a copy of the judgment. WP(C).No. 2390 of 2019 3
Both sides submit that the petitioner has already been reinstated on the basis of the interim order. The petitioner shall be allowed to continue, subject to the decision to be taken by Government.
Sd/-
P.V.ASHA JUDGE spk WP(C).No. 2390 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 5.4.2008 ISSUED BY RESPONDENT NO 5. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 30.5.2018 ISSUED BY RESPONDENT NO 4 TO RESPONDENT NO 5 EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR HALF PAY LEAVE DATED 31.5.2018 EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR LEAVE WITHOUT ALLOWANCE FOR 112 DAYS NAMELY, FROM 1.9.2018 TO 21.12.2018 EXHIBIT P5 TRUE COPY OF THE ORDER OF SUSPENSION DATED 11.9.2018 ISSUED BY RESPONDENT NO 5 EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 17.9.2018 FIXING THE DATE OF INVESTIGATION/ENQUIRY ON 22.9.2018 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 11.12.2018 PASSED BY RESPONDENT NO 2.
EXHIBIT P8 TRUE COPY OF THE SUBMISSION DATED 31.12.2018 MADE BY THE PETITIONER EXHIBIT P9 TRUE COPY OF THE SUBMISSION DATED 1.1.2019 EXHIBIT P10 TRUE COPY OF THE SUBMISSION DATED 3.1.2019 EXHIBIT P10 A TRUE COPY OF THE SUBMISSION DATED 4.1.2019 EXHIBIT P10 B TRUE COPY OF THE SUBMISSION DATED 5.1.2019 EXHIBIT P10 C TRUE COPY OF THE SUBMISSION DATED 7.1.2019 EXHIBIT P10 D TRUE COPY OF THE SUBMISSION DATED 8.1.2019 EXHIBIT P10 E TRUE COPY OF THE SUBMISSION DATED 9.1.2019 WP(C).No. 2390 of 2019 5 EXHIBIT P10 F TRUE COPY OF THE SUBMISSION DATED 10.1.2019 EXHIBIT P10 G TRUE COPY OF THE SUBMISSION DATED 11.1.2019 EXHIBIT P10 H TRUE COPY OF THE SUBMISSION DATED 16.1.2019 EXHIBIT P10 I TRUE COPY OF THE SUBMISSION DATED 17.1.2019 EXHIBIT P10 J TRUE COPY OF THE ATTENDANCE CERTIFICATE DATED 14.1.2019 EXHIBIT P11 TRUE COPY OF THE SUBMISSION DATED 7.1.2019 MADE BY THE PETITIONER BEFORE RESPONDENT NO 4 EXHIBIT P11 A TRUE COPY OF THE REPLY 7.1.2019 GIVEN BY RESPONDENT NO 4 EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 5.1.2019 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO 3 EXHIBIT P13 TRUE COPY OF THE ORDER DATED 10.1.2019 ISSUED BY RESPONDENT NO 3 EXHIBIT P14 TRUE COPY OF THE REQUEST DATED 11.1.2019 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO 3 EXHIBIT P15 TRUE COPY OF THE PROCEEDINGS DATED 17.1.2019 ISSUED BY RESPONDENT NO 4 RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(A) TRUE COPY OF THE REVISION PETITION FILED BY THE 5TH RESPONDENT BEFORE THE GOVERNMENT DATED 11.01.2019 /TRUE COPY/ P A TO JUDGE