Blessy Varghese vs Deputy Director Of Education
2021 Latest Caselaw 2359 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 21ST DAY OF JANUARY 2021/1ST MAGHA, 1942

                  WP(C).No.22105 OF 2020(K)


PETITIONER :-

            BLESSY VARGHESE, AGED 35 YEARS
            W/O.SAJAN M.JOHN, PALATHUNGAL THEKKETHIL VEEDU,
            VATEKKADU P.O, ELAVANCHERRI VILLAGE,
            CHITTOOR TALUK, PALAKKAD DISTRICT, PIN - 678 506.

            BY ADVS.
            SRI.M.A.ABDUL HAKHIM
            SRI.JOSEPH GEORGE (KANNAMPUZHA)

RESPONDENTS :-

      1     DEPUTY DIRECTOR OF EDUCATION
            PALAKKAD, PIN - 678 001

      2     DISTRICT EDUCATIONAL OFFICER,
            PALAKKAD, PIN - 678 001

      3     THE MANAGER,
            POLACHIRACKAL HIGHER SECONDARY SCHOOL,
            PADAGIRI, NELLIAMPATHY, PALAKKAD, PIN - 678 508.

      4     THE HEADMASTER,
            POLACHIRACKAL HIGHER SECONDARY SCHOOL, PADAGIRI,
            NELLIAMPATHY, PALAKKAD, PIN - 678 508.

            BY ADV. SRI.JOHN JOSEPH(ROY)
            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.22105 OF 2020(K)

                                     -: 2 :-


                                   JUDGMENT

Dated this the 21st day of January 2021

This writ petition is filed seeking the following reliefs :-

"(a) Issue a writ of certiorari or such other writ order or direction setting aside Ext.P10 proceedings.

(b) Issue a writ of mandamus or such other writ order or direction to the respondents to permit the petitioner to do her job as Full Time Menial in the school of the 3 rd respondent.

(c) Issue a writ of mandamus or such other writ order or direction to the respondents to pay the salary due to the petitioner as Full Time Menial in the school of the 3 rd respondent from the month June 2020.

(d) Issue a writ of mandamus or such other writ order or direction to the respondents to declare satisfactory completion of her probation as Full Time Menial in the school of the 3rd respondent.

(e) Issue a writ of mandamus or such other writ order or direction to the 2nd respondent to dispose of Ext.P7 within such time limit as this Hon'ble Court shall deem just."

2. Heard the learned counsel for the petitioner, the learned

counsel appearing for the 4th respondent as well as the learned

Government Pleader.

3. The contentions raised in the writ petition are many fold.

It is submitted that the petitioner had been appointed as Full Time

Menial in the 4th respondent school by Ext.P1 order dated 5.5.2018

with effect from 1.6.2011. It is submitted that the probation of the WP(C).No.22105 OF 2020(K)

petitioner has not been declared in spite of directions by the

controlling officers. It is further submitted that alleging unauthorised

absence, repeated actions have been taken by the person claiming to

be the Manager of the school as against the petitioner. It is submitted

that the petitioner had been repeatedly subjected to disciplinary

proceedings. It is submitted by the learned counsel for the petitioner

that pursuant to Ext.R4(m), the petitioner has been reinstated on

1.12.2020, however, the salary for the period from June, 2020 to

November, 2020 has not been paid. It is submitted that Ext.P7

application is pending before the DEO and that the issue is liable to

be considered.

4. A detailed counter affidavit has been placed on record by

the 4th respondent, contending that the petitioner had been

unauthorisedly absent on several days and that the matters have been

brought to the notice of the educational authorities.

5. The learned Government Pleader also submits that there

are complaints with regard to unauthorised absence and the issue

with regard to payment of salary is liable to be considered taking note

of the days on which the petitioner had been present in the school.

6. Having considered the contentions advanced on either

side, I am of the opinion that since the petitioner has now been

reinstated in service, the issue with regard to declaration of probation WP(C).No.22105 OF 2020(K)

as well as the payment of salary for the period from June, 2020 to

November, 2020 requires consideration at the hands of the

educational authorities. Since Ext.P7 representation has been

preferred before the DEO and is pending consideration, I am of the

opinion that the DEO is liable to consider the complaints raised by the

petitioner as well. The disputes between the 4 th respondent and the

petitioner's father shall not be a reason for declining benefits which

are due to the petitioner, who has admittedly been appointed and

approved as a Full Time Menial in the school.

There will, accordingly, be a direction to the DEO to take

up the complaints raised by the petitioner with regard to denial of

salary for the period from June, 2020 to November, 2020 as well as

the question with regard to declaration of probation and to pass

orders thereon, after hearing the petitioner as well as the Manager of

the school through any appropriate means including video

conferencing, within a period of two months from the date of receipt

of a copy of this judgment. The contentions raised by the parties shall

be appropriately referred to and the dispute with regard to

management of the school shall not be a reason to deny amounts or

benefits which are legally due to the petitioner. The contention of the

petitioner that the petitioner had not been permitted to mark

attendance for various periods and that she was always willing to WP(C).No.22105 OF 2020(K)

attend her duties and to work in the school shall also be considered

by the DEO.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.1.2021 WP(C).No.22105 OF 2020(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A PHOTOSTAT COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT

EXHIBIT P2 A PHOTOSTAT CPY OF THE ORDER OF THE MUNSIFF'S COURT, CHITTOOR IN I.A NOS. 1022//2018 AND 1415/2018 IN O.S NO. 223/2018

EXHIBIT P3 A PHOTOSTAT COPY OF THE POWER ATTORNEY EXECUTED BY MRS. ANNAMMA GEORGE

EXHIBIT P4 A PHOTOSTAT COPY OF THE REPORT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE KERALA STATE MINORITY COMMISSION

EXHIBIT P5 A PHOTOSTAT COPY OF THE LETTER ISSUED BY MR.

FRANCIS RAJAN TO THE PETITIONER

EXHIBIT P6 A PHOTOSTAT COPY OF THE REPLY SENT BY THE PETITIONER TO THE 3RD RESPONDENT THROUGH THE 4TH RESPONDENT

EXHIBIT P7 A PHOTOSTT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P8 A PHOTOSTAT COPY OF THE LETTER ISSUED BY MR.

FRANCIS RAJAN TO THE PETITIONER

EXHIBIT P9 A PHOTOSTAT COPY OF THE REPLY SENT BY THE PETITIONER TO THE 4TH RESPONDENT

EXHIBIT P10 A PHOTOSTAT COPY OF THE LETTER ISSUED BY MR.

FRANCIS RAJAN TO THE PETITIONER.

EXHIBIT P11 A PHOTOSTAT COPY OF THE SHOW CAUSE NOTICE ISSUED BY SRI.ANNAMMA GEORGE AS THE MANAGER OF THE SCHOOL WITH ENDORSEMENT DATED 26/7/2019 CANCELLING THE SHOW CAUSE NOTICE.

EXHIBIT P12 A PHOTOSTAT COPY OF THE LETTER ISSUED BY SMT.ANNAMMA GEORGE AS THE MANAGER OF THE SCHOOL.

EXHIBIT P13 A PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF POLACHIRACKAL HIGHER SECONDARY SCHOOL. WP(C).No.22105 OF 2020(K)

RESPONDENTS' EXHIBITS:

EXHIBIT R4(a) : TRUE COPY OF THE LETTER ISSUED BY THE FATHER OF THE PETITIONER DATED 1.10.2020.

EXHIBIT R4(b) : TRUE COPY OF THE LETTER ISSUED BY THE FATHER OF THE PETITIONER DATED 15.10.2020.

EXHIBIT R4(c) : TRUE COPY OF THE LETTER ISSUED BY THE FATHER OF THE PETITIONER DATED 27.10.2020.

EXHIBIT R4(d) : TRUE COPY OF THE ATTENDANCE STATEMENT REGARDING THE ATTENDANCE OF THE PETITIONER FOR 2011 TO 2020.

EXHIBIT R4(e) : TRUE COPY OF THE LETTER DATED 23.7.2019 ISSUED TO THE PETITIONER.

EXHIBIT R4(f) : TRUE COPY OF THE LETTER DATED 4.12.2019 SUSPENDING THE PETITIONER.

EXHIBIT R4(g) : TRUE COPY OF THE ORDER No.B4/8817/2019 DATED 16.12.2019 OF THE DEO PALAKAD.

EXHIBIT R4(h) : TRUE COPY OF THE LETTER DATED 19.6.2020.

EXHIBIT R4(i) : TRUE COPY OF THE LETTER DATED 8.7.2020 ISSUED BY THE DEO PALAKAD.

EXHIBIT R4(j) : TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 12.10.2020.

EXHIBIT R4(k) : TRUE COPY OF THE LETTER DATED 20.10.2020 ISSUED BY THE 2ND RESPONDENT TO 4TH RESPONDENT.

EXHIBIT R4(l) : TRUE COPY OF THE LETTER DATED 21.10.2020 ISSUED BY 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT R4(m) : TRUE COPY OF THE LETTER DATED 6.11.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT R4(n) : TRUE COPY OF THE LETTER DATED 13.11.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT R4(o) : TRUE COPY OF THE LETTER DATED 19.11.2020 ISSUED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE