T.D. ANTO Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who was suspended from the service of an aided school consequent upon his custody in a criminal case for more than 48 hours, claims his full pay and allowances during the period of suspension. This was rejected by the authorities, including the Government, against which the petitioner has approached this court.

(2.) Petitioner's wife committed suicide. It appears that she left a suicide note, blaming the petitioner. Petitioner was apprehended by police and detained in custody for around 17 days. Petitioner was charge-sheeted for the offence punishable under Section 498-A of the Indian Penal Code. Consequent upon the proceedings, petitioner was suspended from service with effect from 18.9.1999. The suspension continued till 17.4.2007. The reinstatement of the petitioner was based on a direction of the Government (Ext.P5). This direction was given when the Manager approached the Government for approving the appointment of one Jose in a vacancy created consequent upon the suspension of the petitioner. Government, at that time, after noting the lapse of many years on which the petitioner was put under suspension, ordered his reinstatement. The Government passed such an order giving paramount importance to public interest, since it was found that indefinite continuation of suspension was against the public interest. Thereafter, petitioner was acquitted in the criminal case by Ext.P6 judgment on 29.4.2009. The present controversy of the petitioner is in relation to the pay and allowances during the period of suspension. The school authorities insisted the petitioner to treat it as period of leave. Petitioner refused. The matter went up to the Government. The Government found that the petitioner was not acquitted of blame and he is not entitled for the full pay and allowances, by Ext.P13. This is under challenge.

(3.) Rule 67(3) of Chapter XIVA of the Kerala Education Rules stipulates as follows: