N.M.Anilkumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 33947 of 2015 (P) ---------------------------- PETITIONER:

------------------ N.M.ANILKUMAR AGED 33 YEARS S/O. VASUDEVAN NAMBOODIRI, PEON(PERMANENT) NAMBOODIRI VIDHYALAYAM U.P.SCHOOL, KOTTAPURAM TRICHUR-680 004, RESIDING AT NENMINI MANGALAM MANA P.O.CHETUPUZHA, THRISSUR-680 012.

BY ADV. SRI.VINAY RAMDAS RESPONDENTS:

------------------------

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

2. ASSISTANT EDUCATIONAL OFFICER THRISSUR WEST, PULLAZHI, OLARI THRISSUR-680 003.

3. NAMBOODIRI VIDHYALAYAM U.P.SCHOOL REPRESENTED BY ITS MANAGER, KOTTAPURAM TRICHUR-680 004.

4. HEAD MISTRESS NAMBOODIRI VIDHYALAYAM U.P.SCHOOL, KOTTAPURAM TRICHUR-680 004.

R1 & R2 BY GOVERNMENT PLEADER SMT. A LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33947 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPYOF THE MEDICAL CERTIFICATE DTD.13.11.2010 ISSUED BY DR.SREEKUMAR D., REG.NO.8556.

P2 :

COPY OF THE REGISTRATION LETTER OF THE PETITIONER TO THE 3RD/4TH RESPONDENT.

P3 :

COPY OF THE REPRESENTATION DTD.24.5.2015 OF THE PETITIONER TO THE 4TH RESPONDENT.

P4 :

COPY OF THE ORDER NO.C/445/15/L.DIS DTD.30.6.2015 OF THE 2ND RESPONDENT.

P5 :

COPY OF THE LETTER DTD.3.7.2015 OF THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 33947 of 2015 (P) ------------------------------------------ Dated this the 18th day of November, 2015

J U D G M E N T

The petitioner in the above writ petition seeks quashing of Ext.P4 order, by which the Assistant Educational Officer, Thrissur, has accepted the resignation given by the petitioner from the 3rd respondent School. 2.

The petitioner was a Peon, in the 3rd respondent school, appointed with effect from 12.01.2004. The petitioner is said to have been diagnosed with Paranoid Schizophrenia and admittedly, finding it difficult to handle stressful situation, on 1.3.2015, in a fit of rage is said to have tendered resignation. Though the petitioner submits that he was unaware of the full consequences, however, admitted that it was in a fit of rage that the petitioner submitted his resignation.

3.

The learned Government Pleader, on instructions, submits that the resignation has been accepted and has

W.P.(C) No. 33947/2015 -2been entered in the Service Book of the petitioner also. 4.

In such circumstance, it is well-nigh impossible for this Court to put the clock back and allow the petitioner to be continued in service, even under the extra ordinary jurisdiction exercised under Article 226 of the Constitution of India. For the contention taken of having suffered from Paranoid Schizophrenia, there is nothing on record to show that the mental illness, in fact, prompted the resignation. In any event, the petitioner can appear before the Government and file a representation on the special reasons, if any, with supporting documents, in which event, the Government could consider granting him at least the benefits of retirement.

With the above observation, the writ petition would stand dismissed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj 18/11/15