2021 Supreme(Online)(KER) 42568
JUDGMENT
Dated this the 1st day of March 2021 The petitioner has approached this Court impugning Ext.P10 order of the second respondent – Manager, as per which, the period of suspension earlier imposed on him has been refused to be treated as duty, even though it has been found consistently by all the educational Authorities that the suspension imposed on the petitioner was unnecessary and illegal.
2. I notice that when this matter was heard by this Court on
12.02.2021, Sri.K.Mohanakannan, learned counsel for the Manager, sought time to confer with his client as to whether a modified order can be issued, substituting Ext.P10.
3. Today when this matter was called, Sri.K.Mohanakannan submitted that a memo has been filed by him, dated 26.02.2021, producing Ext.R2 proceedings of the Manager, through which, the entire period when the petitioner was under suspension - between 07.06.2016 to 20.06.2016 - has been now treated as duty for all purposes, along with all eligible and consequential benefits. Sri.Mohanakannan, therefore, prayed that this writ petition be dismissed.
4. It is without doubt, going by the reliefs sought for, that the petitioner's grievance has been projected against Ext.P10; and since the said order has now been substituted by Ext.R2 order issued by the Manager, I do not see any further cause for him to seek that this writ petition be kept pending on the files of this Court any further.
In the afore circumstances, I order this writ petition , recording the submissions of Sri.K.Mohanakannan that Ext.P10 order has been withdrawn and that Ext.R2 order dated 22.02.2021 has been issued by the Manager treating the period of suspension served by the petitioner between 07.06.2016 to 20.06.2016, as being duty for all purposes and that he will be eligible to all consequential benefits therefrom.
Sd/- DEVAN RAMACHANDRAN Stu JUDGE APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER NO.35/2016 DT.6.6.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE SHOWCAUSE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE MEMO OF CHARGES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.B4/3145/2016 DATED 18.6.2016 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE ORDER NO.35/2016/M DATED
20.6.2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT.24.6.2016.
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DTD 17.8.2016.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4th RESPONDENT DT.20.1.2017, EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2nd RESPONDENT DT.29.5.2017.
EXHIBIT P10 A TRUE COPY OF THE ORDER NO-35/2016/M DATED
18-12-2017 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE COMMUNICATION SENT BY THE HEAD MISTRESS TO THE 2ND RESPONDENT DATED
11/02/2016.
EXHIBIT R2(B) TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER TO THE MANAGER DATED 23/03/2016.
EXHIBIT R2(C) TRUE COPY OF THE COMMUNICATION SENT BY THE STATE BANK OF TRAVANCORE, CHERUKAVU BRANCH DATED 28/06/2016.
EXHIBIT R2(D) TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGER TO THE 3RD RESPONDENT DATED
20/06/2016.
EXHIBIT R2(E) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THIS RESPONDENT BEFORE THE 3RD RESPONDENT DATED 30/06/2016.
ANNEXURE R2 TRUE COPY OF THE ORDER NO.DE/H.S.A./1/2021 DATED 22/02/2021.