Dr. Aby Paul vs The Corporate Manager
2021 Latest Caselaw 23031 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                  &
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                         WA NO. 1504 OF 2021
   AGAINST THE JUDGMENT IN WP(C) 24318/2021 OF HIGH COURT OF
                          KERALA, ERNAKULAM
APPELLANT/RESPONDENT NO.4:

             DR. ABY PAUL,
             PRINCIPAL, CHALDEAN SYRIAN HIGHER SECONDARY SCHOOL,
             HIGH ROAD, THRISSUR - 680001,
             RESIDING AT MANNUTHY HOUSE,
             VRINDAVANAM LANE, KURIACHIRA,
             THRISSUR - 680006.


             BY ADVS.
             K.T.THOMAS(K/000120/1996)
             MATHEW BOB KURIAN

RESPONDENTS/PETITIONER AND RESPONDENT NOS.1 TO 3:

     1       THE CORPORATE MANAGER
             CHALDEAN SYRIAN CHURCH SCHOOLS,
             HIGH ROAD, THRISSUR - 680001.


     2       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695001.


     3       THE DIRECTOR OF GENERAL EDUCATION
             (HIGHER SECONDARY WING),
             HOUSING BOARD BUILDINGS,
             SANTHI NAGAR, JAGATHY,
             THIRUVANANTHAPURAM - 695014.


     4       THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
             EDUCATION,SRV GHSS BUILDING,
 WA No.1504 of 2021
                                2



          KASTHURIRANGAN HALL,
          ERNAKULAM - 682028.
          BY ADVS.
          K.JAJU BABU (SR.)
          M.U.VIJAYALAKSHMI
          BRIJESH MOHAN
          T.S.ATHIRA
          ANTONY THOMAS
          ALISHA CHALAKAL



          BY SR GOVERNMENT PLEADER SRI. A.J VARGHESE



     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.1504 of 2021
                                      3




       A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
                        -----------------------------------
                           WA No.1504 of 2021
                        ------------------------------------
               Dated, this the 23rd day of November, 2021

                                 JUDGMENT

A.K.Jayasankaran Nambiar, J

The 4th respondent in WP(C)No. 24318 of 2021 is the appellant before

us, aggrieved by the judgment dated 05.11.2021 of the learned Single Judge.

Shorn of unnecessary details, the brief facts necessary for the disposal of the

writ appeal are as follows:-

Aggrieved by an order of the 3 rd respondent, denying permission to

keep the 4th respondent - Principal under continued suspension beyond the

initial period of 15 days as envisaged under the Kerala Education Rules, the

corporate manager of the Chaldean Syrian Church Schools, Thrissur,

preferred the writ petition impugning the said order of the 3 rd respondent.

The learned Single Judge disposed the writ petition, taking note of the

pendency of a revision petition preferred by the manager against the very

same order before the Government, by directing the Government to consider

and pass orders on the revision petition within a period of two months from

the date of receipt of a copy of the judgment. The learned Single Judge,

however, also directed that till such time as the revision petition is disposed

by the Government the impugned order of the 3 rd respondent would be kept WA No.1504 of 2021

in abeyance.

2. Before us, it is the submission of Sri. K.T.Thomas, the learned

counsel for the appellant that the impugned judgment of the learned Single

Judge, to the extent it keeps in abeyance the order impugned in the writ

petition, pending disposal of the Revision petition by the Government is

contrary to the express provisions of the statutory rules.

3. We have heard Sri.K.T.Thomas, the learned counsel for the

appellant and, the learned senior counsel Sri.Jaju Babu assisted by

Smt.M.U.Vijayalakshmi on behalf of the respondent - corporate manager.

4. On a consideration of the rival submissions we find that in view

of the clear provisions of Rule 67(8) of Chapter XIV-A KER, the automatic

consequence of rejection of a request by the corporate manager for keeping a

delinquent teacher in suspension beyond the initial period of 15 days

contemplated under the Rules, is the reinstatement of the teacher in service.

While disposing the writ petition, by directing the Government to consider

and pass orders in the Revision petition, therefore, the learned Single Judge

ought not to have directed that the order impugned in the writ petition be

kept in abeyance since that would tantamount to depriving the delinquent

teacher of the statutory benefit of reinstatement pending disposal of the

revision petition. We, therefore, allow the writ appeal by modifying the

last direction therein, which states that pending disposal of the revision

petition, Ext.P7 will stand deferred. As a consequence, the appellant herein

shall be reinstated in service forthwith and the question as to whether the WA No.1504 of 2021

appellant requires to be suspended, pending culmination of the disciplinary

proceedings will depend on the outcome of the revision petition pending

before the Government.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P, JUDGE

dlk/23/11/ WA No.1504 of 2021

APPENDIX OF WA 1504/2021

PETITIONER'S ANNEXURE

Annexure A1 TRUE COPY OF THE REPORT DATED 17.03.2020 ISSUED BY DEPUTY DIRECTOR OF EDUCATION, THRISSUR.

Annexure A2           TRUE COPY OF EXPLANATION DATED
                      08.10.2020 SUBMITTED BY APPELLANT TO 4TH
                      RESPONDENT.