P.R.Prasannakumari vs The Manager
2021 Latest Caselaw 7314 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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

                   RP.No.490 OF 2020 IN WP(C). 5152/2015

JUDGMENT DATED 01.10.2019 IN WP(C) 5152/2015(T) OF HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER IN W.P.(C):

               P.R.PRASANNAKUMARI
               AGED 53 YEARS
               W/O SAJI, P.N, HEADMISTRESS S.N.V.U.P SCHOOL, SELLIAMPARA,
               IDUKKI DISTRICT-685 563, RESIDING AT PUTHENPARAMBIL
               HOUSE, MANNAMKANDAM P.O.1000 ACRE, IDUKKI-685 562.
               BY ADVS.
               SRI.ELVIN PETER P.J.
               SRI.K.R.GANESH
               SMT.N.R.REESHA
               SMT.T.S.LIKHITHA

RESPONDENTS/RESPONDENTS IN THE W.P.(C):

       1       THE MANAGER, 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 PUBLIC INSTRUCTIONS,
               JAGATHY,THIRUVANANTHAPURAM-695 014.

       4       THE ASSISTANT EDUCATION OFFICER,
               ADIMALY, IDUKKI DISTRICT-685 561.

       5       SMT. P.S.KUTTIYAMMA,
               ASSISTANT EDUCATIONAL OFFICER, ADIMALY,
               IDUKKI DISTRICT-685 561.

               R1 - SRI.V.A.MUHAMMED
               R2 TO 4 - SRI.SURIN GEORGE IPE,SENIOR SR. GOVERNMENT
               PLEADER

      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.03.2021,
      THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P. No. 490/2020                            :2:
in W.P.(C) No. 5152/2015



                 Dated this the 2nd day of March, 2021.

                                ORDER

This Review Petition is filed by the 5 th respondent in the W.P.(C)

No. 5152 of 2015 to review the judgment dated 01.10.2019. The writ

petition was disposed of by this Court by issuing the following

directions:

"3. Having heard learned counsel for petitioner, learned Government Pleader and learned counsel appearing for 5th respondent, I am of the considered opinion that, the Manager can be permitted to finalise the enquiry proceedings against the 5th respondent at the earliest possible time and at any rate within three months from the date of receipt of a copy of this judgment, after providing sufficient opportunity of participation to the 5 th respondent or any other interested persons. Accordingly I do so. Till such time, Ext.P7 order passed by the Deputy Director of Education will continue to be in force."

2. This Review Petition is filed basically contending that the

directions issued by this Court in the judgment will contradict the

pending proceeding before this Court in W.P.(C) No. 8218 of 2015 filed

by the Review Petitioner, in which a stay of disciplinary proceedings is

granted, as per Annexure A10 order dated 17.03.2015.

3. Now, going by the directions issued, there is no doubt in my

in W.P.(C) No. 5152/2015

mind that the directions issued is contrary to the pending proceedings

before this Court in W.P.(C) No. 8218 of 2015. It is curious to note

that neither the writ petitioner i.e., the Manager, S.N.V.U.P. School nor

the Review Petitioner, who is the 5 th respondent in the writ petition has

brought the said fact to my notice, which only persuaded me to issue

the directions extracted above.

4. In that view of the matter, this Review Petition would stand

allowed and the judgment dated 01.10.2019 in W.P.(C) No. 5152 of

2015 is recalled. There will be a direction to the registry to post the

writ petition also along with W.P.(C) No. 8218 of 2015 after securing

necessary orders from the Hon'ble the Chief Justice, if required.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

in W.P.(C) No. 5152/2015

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY SMT, SUJA MADHAVAN DATED 17.4.2012 BEFORE THE REVIEW PETITIONER AS HEADMISTRESS OF THE SCHOOL.

ANNEXURE A2 TRUE COPY OF THE MINUTES OF THE MEETING OF THE STAFF COUNCIL DATED 20.4.2012.

ANNEXURE A3 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE DEPUTY SUPDT. OF POLICE DATED 7.6.2013.

ANNEXURE A4 TRUE COPY OF THE COMPLAINT FILED BY SMT. SENA R BEFORE THE HON'BLE MINISTER FOR EDUCATION DATED 225.5.2013.

ANNEXURE A5 TRUE COPY OF THE SUSPENSION ORDER DATED 15.11.2011 ISSUED BY THE 1ST RESPONDENT MANAGER HEREIN TO THE REVIEW PETITIONER.

ANNEXURE A6 TRUE COPY OF THE ORDER DATED 9.1.2012 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT MANAGER.

ANNEXURE A7 TRUE COPY OF THE INTERIM 0RDER DATED 5.9.2013 IN WPC 19026/2013 OF THIS HON'BLE COURT.

ANNEXURE A8 TRUE COPY OF THE GOVT. ORDER GO(RT) NO 5294/2013/G.EDN DATED 6.12.2013.

ANNEXURE A9 TRUE COPY OF THE GOVT. ORDER GO(RT) NO 1491/2014/PED DATED 31.3.2014.

ANNEXURE A10 TRUE COPY OF THE INTERIM ORDER DATED 17.3.2015 IN WPC 8218/2015 OF THIS HON'BLE COURT.

ANNEXURE A11 TRUE COPY OF THE ORDER SHOW CAUSE NOTICE NO.

EB-2/2013 DATED 12.3.2020 ISSUED BY THE 1ST RESPONDENT TO THE REVIEW PETITIONER.

RESPONDENTS' EXHIBITS: NIL

in W.P.(C) No. 5152/2015