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Judgment
Devan Ramachandran, J
Sri.K.T.Thomas, the learned counsel for the petitioner, submits that even though his client was suspended in the year 2016 by the Manager,
invoking the provisions of Rule 67(1) of Chapter XIVA of the Kerala Education Rules (KER), the necessary concurrence for continuing the same
beyond 15 days has not been obtained by the said Authority from the competent educational officers, as per Rule 67(7) of Chapter XIVA of the KER.
The afore submissions of Sri.K.T.Thomas, if true, certainly leaves room for concern because the statutory Scheme of the KER is unmistakable that
no suspension order by the Manager can remain in force beyond 15 days unless, necessary concurrence is granted by the educational officers,
mentioned in Rule 67(7) thereof.
I, therefore, direct the learned Senior Government Pleader, Sri.P.M.Manoj, to obtain specific instructions on this issue and revert to this Court by
the next posting date.
In the meanwhile, Sri.K.T.Thomas shows me that the Additional Director of General Education has issued an order, bearing date 08.02.2021
(produced along with the memo filed by learned Senior Government Pleader dated 01.03.2021) and complains that the same has not been yet complied
with by any of the authorities.
In response, Sri.P.M.Manoj, points out that the directions in the said Government Order can be complied with only if the bills are put up by the
Manager and therefore, prayed that this Court direct the said Authority to do so.
I notice from the file that even though service has been completed on the 4th respondent - Manager, he has chosen not to be present in person or to
be represented through counsel.
In such circumstances, I direct the 4th respondent to immediately prepare the necessary bills for payment of the salary and subsistence allowance of
the petitioner for the periods and in the manner shown in the order of the Additional Director of General Education dated 08.02.2021 and submit the
same to the competent Authorities within a period of two weeks from today.
Post on 08.07.2021.