Asha P.S. vs State Of Kerala Rep By The ...
2021 Latest Caselaw 7236 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                        WP(C).No.14517 OF 2014(L)


PETITIONER:

               ASHA P.S., HIGH SCHOOL ASSISTANT (ENGLISH),
               CHAMY AYYAR HIGH SCHOOL, AYAKKAD P O,
               VADAKKENCHEERY, PALAKKAD DIST.

               BY ADVS. SRI.ALAN PAPALI
               SRI.GILBERT GEORGE CORREYA
               SRI.P.K.VIJAYAMOHANAN

RESPONDENTS:

      1        STATE OF KERALA REP BY THE SECRETARY TO
               GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
               GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001

      2        THE DEPUTY DIRECTOR OF EDUCATION
               PALAKKAD, PIN-678001

      3        THE DISTRICT EDUCATIONAL OFFICER
               PALAKKAD, PIN-678001

      4        THE MANAGER, CHAMY AYYAR HIGH SCHOOL,
               AYAKKAD P O.-678683 VADAKKENCHERRY,
               ALATHUR, PALAKKAD DISTRICT.

      5        SRI.A.S.SURESH, HEADMASTER, CHAMY AYYAR HIGH
               SCHOOL, AYAKKAD P O.-678683, VADAKKENCHERRY,
               ALATHUR, PALAKKAD DISTRTCT.

      6        SRI.B.PADMADAS, HIGH SCHOOL ASSISTANT, CHAMY
               AYYAR HIGH SCHOOL, AYAKKAD P O. - 678683,
               VADAKKENCHERRY, ALATHUR, PALAKKAD DISTRICT.

               R5   & R6 BY ADV. SRI.C.A.ANOOP
               R1   to R3 BY SR.GOVT. PLEADER SRI.P.M.MANOJ
               R4   BY ADV. SRI.V.A.MUHAMMED
               R4   BY ADV. SRI.M.SAJJAD

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 14517/14                        2




                              JUDGMENT

Dated this the 2nd day of March 2021

The petitioner has approached this Court in the year 2014

alleging that respondents 5 and 6 are harassing and threatening

students to leave the school, so as to create division fall. She says that

she was constrained to approach this Court because, if this is allowed,

she would face retrenchment.

2. However, when this matter was called today, the learned

counsel for the petitioner submitted that pending this lis, there was a

division fall on account of various other factors and that the petitioner

has been retrenched. He submitted that he has no instructions

whether she has been subsequently reinstated.

3. When I consider the above submissions, it is without doubt

that in the last six years, when this writ petition was pending before

this Court, many of the allegations of the petitioner may have become

irrelevant, particularly because, admittedly, she was not retrenched at

that relevant time.

In the afore circumstances, I close this writ petition without

any orders, however, leaving liberty to the petitioner to seek a re-

hearing, if she feels that any further orders are necessary.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION STATEMENT NO D.DIS/B6/838/2014 DATED 15/5/2014 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE VIGILANCE ENQUIRY REPORT NO VE.04/2012/PKD DTD 18/1/2013 OF THE VIGILANCE & ANTI CORRUPTION BUREAU

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO 9338/B2/2013/VIG DTD 25/10/2013 FROM THE SECRETARY TO THE GOVERNMENT, VIGILANCE DEPARTMENT TO THE IST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO 4694/A1/2012/G.EDN DTD 25/2/2014 OF THE IST RESPONDENT ADDRESSED TO THE 4TH RESPONDENT

EXHIBIT P5 TRUE COPY OF THE LIST OF STUDENTS OF STANDARED X WHO ARE GIVEN TRANSFER CERTIFICATE UNDER THREAT AND COERCION BTWEEEN 2/6/2014 AND 6/6/2014

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DTD 19/5/2014 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DTD 3/6/2014 FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION

/TRUE COPY/

P.S. TO JUDGE