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M. SULAIMANKUTTY versus STATE OF KERALA

High Court of Kerala

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M. SULAIMANKUTTY v. STATE OF KERALA - WP(C) No. 32924 of 2003(T) [2006] RD-KL 2105 (29 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32924 of 2003(T)

1. M.SULAIMANKUTTY, S/O.MUHAMMED KUNJU,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. DIRECTOR OF PUBLIC INSTRUCTIONS,

3. DEPUTY DIRECTOR (EDUCATION),

4. DISTRICT EDUCATIONAL OFFICER,

5. MANAGER,

For Petitioner :SRI.S.SUBHASH CHAND

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :29/11/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.32924 of 2003 Dated 29th November, 2006.

J U D G M E N T

Petitioner approached this Court with certain grievances regarding the non-regularisation of the day of absence, viz., 15.10.1998. Pursuant to the interim order dated 6.3.2006, the surviving grievance is only with regard to the date of effect of reoption. Inviting reference to the judgment of this Court in State of Kerala v. Lissy Joseph (2005(4) KLT SN 97), it is submitted that the reoption is to take effect not from the date of making the reoption, but from the date of effect of reoption. Learned Government Pleader submits that the matter is now pending before the Supreme Court. But as far as this Court is concerned, the issue has been given a quietus. Therefore, it is made clear that the petitioner herein also will be given the benefit of reoption from the date of effect of reoption and not from the date of exercise of reoption. However, this will be subject to the outcome of the decision of the Apex Court. The needful in this regard shall be done within a period of two months from the date of production of a copy of the judgment. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2003

J U D G M E N T

Dated 24th November, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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