C B SUDHAKARAN Vs. COCHIN EDUCATIONAL SOCIETY

JUDGEMENT

(1.) The entitlement of the petitioner for payment of salary and other allowances during the period in which he was out of service consequent on the disciplinary action initiated against him, is the question to be decided in this writ petition. The petitioner was the Head of the Department (English) in Cochin College. Disciplinary proceedings were initiated against him which resulted in issuance of Ext. P1 order by which, after accepting the enquiry report, the managing committee proposed to impose the punishment of compulsory retirement. The punishment was effected from 11-12-2004. The matter ultimately reached this Court in C.R.P. No. 1181/2005 which was disposed of by Ext.P3 Judgment. The order passed by the University Appellate Tribunal was set aside and this court held that the punishment of compulsory retirement imposed on the petitioner shall stand converted to one of voluntary retirement from the date of the judgment. Ext.P4 is the consequential order passed by the University Appellate Tribunal. Even though the petitioner approached the authorities of the college for payment of salary and other benefits, that was ultimately rejected by Ext.P9 communication which is under challenge in this writ petition.

(2.) Respondents 1 to 3 have filed a counter affidavit disputing the claim. It is the contention of respondents 1 to 3 that the petitioner was never exonerated from the charges and this court in Ext.P3 judgment, has not ordered payment of any back wages also. Merely because Exts. P1 and P2 are set aside, that will not enable him to claim back wages. Learned Govt. Pleader also opposed the claim of the petitioner.

(3.) Heard Shri V. Chitambaresh, learned Senior Counsel for the petitioner, Shri. A. Jayasankar, learned Standing Counsel for Cochin College and Shri. T.B. Remani, learned Govt. Pleader for the official respondents.