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K.V. KUNHUMOHAMMED, AGED 60 YEARS versus THE STATE OF KERALA REPRESENTED BY ITS

High Court of Kerala

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K.V. KUNHUMOHAMMED, AGED 60 YEARS v. THE STATE OF KERALA REPRESENTED BY ITS - WP(C) No. 6955 of 2004(C) [2007] RD-KL 9746 (7 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6955 of 2004(C)

1. K.V. KUNHUMOHAMMED, AGED 60 YEARS,
... Petitioner

Vs

1. THE STATE OF KERALA REPRESENTED BY ITS
... Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE ASSISTANT EDUCATIONAL OFFICER,

For Petitioner :SRI.P.V.MOHANAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :07/06/2007

O R D E R

KURIAN JOSEPH J. W.P.(C) No.6955 of 2004 Dated 7th June, 2007.

J U D G M E N T

Petitioner is aggrieved by Ext.P6 order passed by the Deputy Director, in the matter of regularisation of the suspension period from 28.1.1993 to 7.5.1995. According to the petitioner, once the matter was referred to the Government, only the Government is competent to pass orders. It is seen from the impugned order that the Government has already communicated its views in the letter dated 12.11.2003. The contention of the petitioner is that he was not permitted to peruse the contents of the letter and hence, there is no proper consideration of his grievance by the Deputy Director. There is no counter affidavit. I quash Ext.P6. There will be a direction to the Deputy Director to consider the matter afresh with notice to the petitioner and after permitting the petitioner to peruse the views of the Government. The needful in this regard shall be done within a period of four months from the date of receipt of a copy of the judgment. It is made clear that the question of pay fixation will be considered based on the outcome of the orders thus passed by the Deputy Director as above. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

OP NO. 2 tgs

KURIAN JOSEPH, J.

O.P. NO. OF 2003

J U D G M E N T

Dated 7th June, 2007.


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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