Prasannakumari P.R vs The Manager, S.N.V.U.P School
2021 Latest Caselaw 15477 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                         RP NO. 376 OF 2021
AGAINST THE JUDGMENT IN WP(C) 25086/2013 OF HIGH COURT OF KERALA,
                                ERNAKULAM
REVIEW PETITIONER:
           PRASANNAKUMARI P.R,
           HEADMISTRESS (UNDER SUSPENSION) S.N.V.U.P SCHOOL,
           SELLIAMPARA, IDUKKI DISTRICT 685 563
           RESIDING AT PUTHENPARAMBIL, 100 ACRE, VELLATHUVAL,
           IDUKKI 685 563

            BY ADVS.
            ELVIN PETER P.J.
            K.R.GANESH
            GOURI BALAGOPAL


RESPONDENTS:
     1     THE MANAGER, S.N.V.U.P SCHOOL
           S.N.V.U.P SCHOOL, SELLIAMPARA, IDUKKI DISTRICT 685 563

    2       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
            695 001

    3       THE DIRECTOR OF GENERAL EDUCATION, (FORMERLY
            FUNCTIONING AS DIRECTOR OF PUBLIC
            INSTRUCTIONS),DIRECTORATE OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM 695 014

    4       THE DEPUTY DIRECTOR OF EDUCATION
            IDUKKI AT THODUPUZHA 685 584

    5       THE ASSISTANT EDUCATIONAL OFFICER
            ADIMALY, IDUKKI DISTRICT 685 561

            BY ADV GEORGE ABRAHAM

            SRI. P.M.MANOJ - SR.GP


     THIS   REVIEW   PETITION   HAVING      COME   UP   FOR   ADMISSION   ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 376 OF 2021
                                       2

                               O R D E R

This petition has been filed seeking that the judgment of this

Court, dated 19.01.2021, in WP(C) No.25086/2013, be reviewed

because, contrary to the submissions made by the 1st respondent at the

time when it was delivered, his statutory revision, namely, Ext.P7 in

the writ petition, had already been disposed of and the resultant order

challenged by the Manager of the School through a separate

proceedings before this Court.

2. The petitioner asserts that, in fact, as is evident from

Annexure A8 - which is the order passed by the Government in the

statutory Revision filed by the Manager, as also Ext.A9, the Manager

did not co-operate with the enquiry proceedings against her and

consequently that, by pressing WP(C) No.25086/2013, he has

committed abuse of the processes of law, with an intent to harass her.

She, therefore, prays that this Review Petition be allowed and the

Manager be saddled with exemplary costs.

2. I have heard Sri.Elvin Peter.P.J - learned counsel for the

petitioner; Dr.George Abraham - learned counsel appearing for the 1 st

respondent and the learned Senior Government Pleader - RP NO. 376 OF 2021

Sri.P.M.Manoj appearing for the respondents.

3. Dr.George Abraham did not contest any of the assertions

on facts as above made by Sri.Elvin Peter, saying that it is on account

of an inadvertent omission on the part of his client, that this Court was

not informed that the statutory Revision filed by him had already been

disposed of by the time the writ petition was finally decided by this

Court. He explained that this writ petition was filed as early as in the

year 2013, when the statutory Revision was still pending and that

when this matter was thereafter considered by this Court, nearly eight

years later in January, 2021, there was a communication error between

him and his client, which led to the omission of not informing this

Court that the Revision had already been disposed of. He, therefore,

prayed that this review petition be allowed and the judgment in WP(C)

No.25086/2013 be vacated.

4. Sri.Elvin Peter.P.J, in reply, submitted that the submissions

made on behalf of the 1st respondent is not as innocuous as it sounds

because said respondent was fully aware that his statutory Revision

had been disposed of and that various other proceedings were initiated

against him, which led to approaching this Court through subsequent RP NO. 376 OF 2021

writ petitions. He, therefore, reiteratingly prayed that the first

respondent be saddled with exemplary costs.

I must say that I find substantial force in the submissions of

Sri.Elvin Peter.P.J and normally could have considered imposition of

costs. However, since Dr.George Abraham submits that the judgment

in question came to be delivered only on account of a communication

error between him and his client, I deem it appropriate to take a

lenient view and to let his client without any further detriment.

In the afore circumstances, this Review petition is allowed; and

consequently, the judgment dated 19.01.2021 in WP(C)

No.25086/2013 is recalled. In view of the order in R.P.No.376/2021,

the aforementioned writ petition is dismissed.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/23.07.2021 RP NO. 376 OF 2021

APPENDIX OF RP 376/2021

PETITIONER'S ANNEXURE

Annexure A1 TRUE COPY OF THE COMPLAINT FILED BY SMT. SUJA MADHAVAN DATED 17-04-2012 BEFORE THE INQUIRY AS HEADMISTRESS OF THE SCHOOL.

Annexure A2 TRUE COPY OF THE MINUTES OF THE MEETING OF THE STAFF COUNCIL DATED 20-04-2012

Annexure A3 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE DEPUTY SUPDT. OF POLICE DT 07- 06-2013

Annexure A4 TRUE COPY OF THE COMPLAINT FILED BY SMT.SENA.R BEFORE THE HON'BLE MINISTER FOR EDUCATION DT 25-05-2013.

Annexure A5 TRUE COPY OF THE SUSPENSION ORDER DATED 15-

11-2011 ISSUED BY THE 1ST RESPONDENT MANAGER HEREIN TO THE INQUIRY

Annexure A6 TRUE COPY OF THE ORDER DATED 09-01-2012 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT MANAGER.

Annexure A7 TRUE COPY OF THE INTERIM ORDER DATED 05-09-

2013 IN WP(C) NO. 19026/2013 OF THIS HON'BLE COURT.

Annexure A8 TRUE COPY OF THE GOVT. ORDER GO(RT) NO.

5294/2013 /G.EDN DATED 06-12-2013.

Annexure A9 TRUE COPY OF THE GOVT. ORDER GO(RT) NO.

1491/2014/PED DATED 31-03-2014.

Annexure A10 TRUE COPY GOVERNMENT ORDER GO(RT) NO.

4882/2014/G.EDN DATED 10-11-2014

Annexure A11 INTERIM ORDER DATED 17-03-2015 IN WP(C) NO.

8218/2015 OF THIS HONOURABLE COURT

Annexure A12 TRUE COPY OF THE SHOW CAUSE NOTICE NO. EB-

2/2013 DATED 12-03-2020 ISSUED BY THE 1ST RP NO. 376 OF 2021

RESPONDENT MANAGER, PROPOSING TO IMPOSE PUNISHMENT OF DISMISSAL FROM SERVICE AGAINST THE PETITIONER.

Annexure 13 TRUE COPY OF THE ORDER DATED 02-03-2021 IN RP NO 490/2020 IN WP(C) NO. 5152/2015 OF THIS HON'BLE COURT.

Annexure A14 CERTIFIED COPY OF THE JUDGMENT DATED 19-01-

2021 IN WP(C) NO. 25086/2013 OF THIS HON'BLE COURT.

//TRUE COPY//

P.A.TO JUDGE