Bindu N.Rajan vs The State Of Kerala
2021 Latest Caselaw 3047 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.2254 OF 2021(F)


PETITIONER:

               BINDU N.RAJAN
               AGED 48 YEARS
               WIFE OF S.VINOD, HIGH SCHOOL TEACHER (PHYSICAL
               SCIENCE), S.N.TRUSTS HIGHER SECONDARY SCHOOL,
               S.N.PURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT-688582,
               (RESIDING AT VILLA NO.19, DEW HOMES VILLAS,
               P.O.NEDUMBASSERY, ALUVA, ERNAKULAM DISTRICT-683585).

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.V.RAJASEKHARAN NAIR

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               ALAPPUZHA-688001.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               CHERTHALA, ALAPPUZHA DISTRICT.

      5        THE MANAGER,
               S.N.TRUSTS SCHOOLS, KOLLAM-690001.

               T. RAJASEKHARAN NAIR, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2254 OF 2021

                                         2




                                  JUDGMENT

Dated this the 28th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibit P-17 order of the DEO and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant Exhibit P-1 LWA from 01.07.2008 to 31.05.2012 under Appendix XII-C of KSRs.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to issue orders regularizing the suspension period from 01.06.2012 to 09.01.2020 as LWA.

iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to issue orders to the 4th Respondent DEO, Cherthala to release the regular salary of the Petitioner from 10.01.2020 onwards.

v) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-18 Revision Petition after affording an opportunity of being heard to the Petitioner within a time frame."

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

Government Pleader.

WP(C).No.2254 OF 2021

3. It is submitted that disciplinary proceedings had been initiated

against the petitioner by the Manager of the school and the

petitioner was kept under suspension from 01.06.2012. She has been

reinstated on 10.01.2020. Against the order directing reinstatement

of the petitioner, the Manager has preferred a revision petition

before the Government as evidenced by Ext.P10. By Ext.P11

judgment, the said revision was directed to be considered with notice

to the parties. No orders were passed thereon. In the meanwhile,

Ext.P17 proceedings were issued by the DEO informing the petitioner

that the rejoining duty of the petitioner from 01.01.2020 is not

permissible as Government sanction is required for regularization of

absence of the petitioner from 01.07.2008 to 09.01.2020.

4. It is submitted by the learned counsel for the petitioner that as

against Ext.P17 communication issued by the DEO, the petitioner has

preferred Ext.P18 revision petition before the Government. It is

further submitted that on the basis of Ext.P11 judgment, a hearing is

scheduled by the Government on 22.02.2021. It is submitted by the

learned counsel for the petitioner that in case Ext.P18 revision

petition is also heard along with the revision petition submitted by WP(C).No.2254 OF 2021

the Manager in the hearing to be conducted as scheduled in Ext.P19,

the entire issue can be worked out and orders are liable to be passed

on the revision petition preferred by the petitioner.

5. Having heard the learned Government Pleader also, there will

be a direction to the 1st respondent to take up, consider and pass

orders on Ext.P18 revision petition preferred by the petitioner with

notice to the petitioner as well as the Manager and after hearing

them through any appropriate means including through video

conferencing. In case the respondents are in receipt of Ext.P18

revision petition, the hearing shall be scheduled along with the

hearing as notified in Ext.P19. Orders shall be passed within a period

of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.2254 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER DATED 29.2.2008

EXHIBIT P2 TRUE COPY OF THE MEMO OF THE MANAGER DATED 17.10.2008.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.30922/2008-F DATED 21.10.2008 ALONG WITH CLEAR COPY OF THE JUDGMENT.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B6/9332/08/K.DIS.

DATED 2.1.2009 OF THE DEO.

EXHIBIT P5 TRUE COPY OF THE MEMO OF CHARGES AGAINST THE PETITIONER DATED 23.11.2011.

EXHIBIT P5(A) TRUE COPY OF THE REPLY OF THE PETITIONER DATED 26.12.2011.

EXHIBIT P6 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 3.4.2012.

EXHIBIT P7 TRUE COPY OF THE SUSPENSION ORDER NO.SNT/ 80/2008 DATED 1.6.2012 OF THE MANAGER.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.3814/A3/2012 /G.EDN. DATED 2.6.2012 OF THE GOVERNMENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.B6/6600/11 DATED 16.6.2012 OF THE DEO.

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER DATED 19.6.2012.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)NO.15407/2012-A DATED 6.12.2012.

EXHIBIT P12 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE GOVERNMENT DATED 16.8.2012 ALONG WITH TYPED COPY.

EXHIBIT P12(A) TRUE COPY OF THE HEARING NOTICE ISSUED BY THE GOVERNMENT DATED 11.9.2012 ALONG WITH TYPED COPY.

WP(C).No.2254 OF 2021

EXHIBIT P13 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE MANAGER DATED 16.8.2019.

EXHIBIT P14 TRUE COPY OF THE REPLY OF THE PETITIONER ADDRESSED TO THE MANAGER DATED 9.9.2019.

EXHIBIT P15 TRUE COPY OF THE ORDER NO.SNT.83/2018 DATED 26.12.2019 OF THE MANAGER.

EXHIBIT P16 TRUE COPY OF THE JOINING REPORT SIGNED BY THE HEADMISTRESS OF THE SCHOOL DATED 10.1.2020.

EXHIBIT P17 TRUE COPY OF THE LETTER NO.B5/3787/2020 DATED 27.10.2020 OF THE DEO.

EXHIBIT P18 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 11.12.2020.

EXHIBIT P19 TRUE COPY OF THE LETTER NO.A3/219/2020/ G.EDN. DATED 19.1.2021 OF THE GOVERNMENT.

RESPONDENT'S/S EXHIBITS: NIL