Jayasree S vs The State Of Kerala
2022 Latest Caselaw 12052 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                     WP(C) NO. 42159 OF 2022
PETITIONER:

          JAYASREE S
          AGED 48 YEARS
          WO R. PRADEEP KUMAR, UPPER PRIMARY SCHOOL TEACHER
          (UPST ON SUSPENSION), MANKOMPU AUNDY IYER HIGH SCHOOL,
          MURIKKADY, VISWANATHAPURAM, KATTAPPANA-685 535,
          IDUKKI DISTRICT (RESIDING AT SRUTHY HOUSE,
          P.O. KUMALY IDUKKI DISTRICT-685 509).

          BY ADV K.A.MANZOOR ALI

RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          IDUKKI @ THODUPUZHA.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          KATTAPPANA, IDUKKI DISTRICT-685 508.

    5     THE MANAGER,
          MANKOMPU AUNDY IYER HIGH SCHOOL, MURIKKADY,
          VISWANATHAPURAM, KATTAPPANA-685 535, IDUKKI DISTRICT.

    6     THE HEADMASTER
          MANKOMPU AUNDY IYER HIGH SCHOOL, MURIKKADY,
          VISWANATHAPURAM, KATTAPPANA-685 535, IDUKKI DISTRICT.
 WP(C) NO. 42159 OF 2022        2




     7       V.GIREESH.
             HIGH SCHOOL TEACHER (SCIENCE),
             MANKOMPU AUNDY IYER HIGH SCHOOL, MURIKKADY,
             VISWANATHAPURAM, KATTAPPANA-685 535, IDUKKI DISTRICT.



             SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42159 OF 2022                    3




                                      JUDGMENT

This writ petition is filed seeking the following reliefs:

i. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to reinstate the Petitioner forthwith pending enquiry by shifting her from the class or assign her duty other than 6b class in Mankompu Aundy Iyer High School, Murikkady in the interest of justice.

ii. Issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent to consider and pass appropriate orders upon Exhibit P11 appeal after affording an opportunity of being heard to the Petitioner within a time limit.

iii. Issue a writ of certiorari to quash Ext.P10 letter sent by the 4th respondent to the students of 6b Mankompu Aundy Iyer High School, Murikkady.

2. Sri. K.A. Manzoor Ali, the learned counsel appearing for the

petitioner, submits that the petitioner is an approved teacher in the Mankompu

Aundy Iyer High School, Murikkady. According to the petitioner, the DEO,

Kattappana has issued Ext.P10 letter making certain allegations against the

petitioner. Against Ext.P10 letter, the petitioner has preferred Ext.P11 appeal

before the 3rd respondent. The learned counsel requests that directions be

issued to the 3rd respondent to consider the same and to take a decision in an

expeditious manner.

3. Heard Smt. Nisha Bose, the learned senior Government Pleader.

4. In view of the limited nature of the relief sought, no prejudice

would be caused to respondents 5 to 7 if notice is dispensed with.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar, and the facts and circumstances,

I am of the view that this writ petition can be disposed of at the admission

stage itself by issuing the following directions:

a) There will be a direction to the 3rd respondent to take

up, consider and pass appropriate orders on Ext.P11,

after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her

authorized representative and respondents 5 to 7.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within two months from the

date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of

the writ petition along with the judgment before the

concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sru

APPENDIX OF WP(C) 42159/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.126/2022 DATED 11.11.2022 OF THE HEADMASTER.

Exhibit P2 TRUE COPY OF THE APPEAL PETITION FILED BY THE PETITIONER BEFORE THE DDE DATED NIL.

Exhibit P3 TRUE COPY OF THE ORDER NO.11/2022-23(SO) DATED 25.11.2022 OF THE MANAGER ISSUED TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE MEMO CHARGES NO.11/2022-23(MOC) ALONG WITH STATEMENT OF ALLEGATIONS DATED 25.11.2022.

Exhibit P5 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DEO DATED 26.11.2022.

Exhibit P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P-5 DATED 26.11.2022.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 28.11.2022 IN WPC NO.38368 OF 2022 OF THIS HON'BLE COURT.

Exhibit P7 TRUE COPY OF ORDER O.DEOKTP/10482/2022-B1 DATED 08.12.2022 OF DEO, KATTAPPANA, IDUKKI.

Exhibit P8 TRUE COPY OF THE ORDER NO.11/2022-23(SE) DATED 8.12.2022 OF THE 5TH RESPONDENT, MANAGER DATED 08.12.2022.

Exhibit P9 TRUE COPY OF LETTER NO,DEOKTP/10482/2022-B1 DATED 8/12/2022 ISSUED BY DEO KATTAPPANA, TO THE PETITIONER.

Exhibit P10 TRUE COPY OF LETTER DATED 13.12.2022 ISSUED BY DEO TO THE STUDENTS.

Exhibit P11 TRUE COPY OF APPEAL DATED 17.12.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS : NIL