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HIGH COURT OF KERALA
P.V.ASHA, J
MINI GANGADHARAN – Appellant
Versus
STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 27151/2017
Suspension - Employment - KER 92 Section List - The court addressed the review process concerning suspension regularization under rule 92 of Chapter XIVA of KER, mandating consideration of the review petition after affording a hearing to relevant parties.
Fact of the Case:
The petitioner, an HSA in an aided School, was suspended and later reinstated. She sought regularization of her suspension period as eligible leave, which the government ordered. Dissatisfied, she filed a review petition seeking further relief.
Finding of the Court:
The court found that the government's order on regularization of suspension was appropriate but directed that the review petition be considered with a hearing for a fair resolution.
Issues: Whether the review petition regarding the regularization of the suspension period should be considered by the government.
Ratio Decidendi: The court highlighted the necessity of a hearing in evaluating the review petition as a crucial aspect of ensuring fair administrative processes.
Final Decision: The court directed the government to consider the review petition with a hearing within two months.
JUDGMENT
The petitioner who is working as HSA (Natural Science) in an aided School, under the 5th respondent was placed under suspension as per Ext.P1 order dated 4.3.2015. After conducting enquiry she was reinstated as per Ext.P7 order dated 3.3.2016.
2. As against the enquiry report the petitioner had approached the Government with a petition under rule 92 of Chapter XIVA KER which was disposed of as per Ext.P11. While issuing Ext.P11 order Government ordered that the period during which the petitioner was placed under suspension shall be regularised as eligible leave and the District Educational Officer shall take necessary steps for the same. Aggrieved by the aforesaid direction regarding the regularisation of the suspension period petitioner has submitted Ext.P13 review petition before the Government. The only relief sought in this writ petition is for a direction to the 1st respondent to consider Ext.P13 revision petition.
In the above circumstances, the writ petition is disposed of, directing the 1st respondent to consider and pass orders on Ext.P13 review petition, after affording an opportunity of hearing to the W.P.(C) No.27151/17 petitioner as well as the Manager, within a period of two months from the date of receipt of a copy of the judgment.
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