High Court of KeralaWP(C)/28121/2015disposed of

Gopinath M.N. v. State Of Kerala

2015-09-18Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28121 of 2015 (M) ---------------------------- PETITIONER(S):

-------------------------- GOPINATH M.N. AGED 50 YEARS MANAGER, JUNIOR BASIC SCHOOL KADAMPAZHIPURAM PO, PALAGHAT BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.JOHNY ANDREWS RESPONDENT(S):

---------------------------- 1.

STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT THIRUVANANTHAPURAM - 695 001 2.

THE ASSISTANT EDUCATIONAL OFFICER, CHERPLASSERY, PALAGHAT 3.

T.P.CHANDRAPRAKASH, HEADMASTER (UNDER SUSPENSION) JUNIOR BASIC SCHOOL, KADAMAZHIPURAM PALAGHAT R1 - R2 BY SMT. LOWSY A., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28121 of 2015 (M) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

P1:

COPY OF THE SUSPENSION ORDER ISSUED BY THE PETITIONER DATED 13.07.2015 P2:

COPY OF THE REINSTATEMENT ORDER ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER DATED 24.07.2015 P3:

COPY OF THE REVISION PETITION ALONGWITH THE STAY PETITION FILED BY THE PETITIONER DATED 28.07.2015 AGAINST THE ORDER OF THE AEO RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A.TO JUDGE

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.28121 of 2015 ---------------------------------------------- Dated this the 18th day of September, 2015

JUDGMENT

The petitioner, who is the manager of Junior Basic School, Kadampazhipuram in Palakkad District has filed this writ petition seeking a writ of mandamus commanding the 1st respondent to consider Ext.P3 revision and take a decision thereon, without any further delay.

2. Heard arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

3. Alleging misconduct, the 3rd respondent who was working as Head Master of the school was placed under suspension by Ext.P1 order dated 13.07.2015 and the petitioner sought permission to continue the order of suspension beyond 15 days, which was turned down by Ext.P2 order dated 24.07.2015 of the Assistant Educational Officer, Cherplassery. Against the said order passed by the 2nd respondent, the petitioner filed a statutory revision before the Government under Rule 92 of

W.P.(C) No.28121/2015 Chapter XIV A of KER. Now Ext.P3 revision is pending consideration before the 1st respondent.

4. Considering the fact that Ext.P3 revision is pending consideration before the 1st respondent, I deem it just and proper to dispose of this writ petition, without going into the merits of the contentions raised by the petitioner.

In the result, this writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Ext.P3 revision as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgement, with notice to the petitioner and also to the 3rd respondent.

SD/- ANIL K. NARENDRAN, JUDGE