The Aided Lower Primary School vs The State Of Kerala
2022 Latest Caselaw 6233 Ker

WP(C)Nos.16592 & 17623 of 2022   1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944


                    WP(C) NO. 16592 OF 2022
PETITIONER:


           THE AIDED LOWER PRIMARY SCHOOL
           KOLATHUR, MALAPPURAM DISTRICT-679 338, REPRESENTED
           BY ITS MANAGER MAMMUKUTTY T, AGED 73 YEARS, SON OF
           KUTTIALI (RESIDING AT ROSE GARDEN, FAROOK COLLEGE-
           673 632, KOZHIKODE DISTRICT)

           BY ADVS.
           V.A.MUHAMMED
           P.A.JENZIA


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
           KOTTAPPADY DOWN HILL, MALAPPURAM DISTRICT -
           676 519.
    4      THE DISTRICT EDUCATIONAL OFFICER
           B2 BLOCK CIVIL STATION, MALAPPURAM - 676505.
    5      THE ASSISTANT EDUCATIONAL OFFICER
           MANKADA, ANGADIPURAM-679 321, MALAPPURAM DISTRICT.
    6      ABDUL SALAM V. T.
           HEADMASTER (UNDER SUSPENSION), AIDED LOWER PRIMARY
           SCHOOL, KOLATHUR, MALAPPURAM DISTRICT - 679 338.
           (RESIDING AT VAKERITHODI VEEDU, PALLIYALKULAMBU,
           KOLATHUR, MALAPPURAM DISTRICT - 679 338)
           SRI.PREMCHAND R NAIR, SR GOVERNMENT PLEADER
 WP(C)Nos.16592 & 17623 of 2022   2




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2022, ALONG WITH WP(C).17623/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.16592 & 17623 of 2022   3




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                    WP(C) NO. 17623 OF 2022
PETITIONER:

           ABDUL SALAM V.T,
           AGED 56 YEARS
           S/O MUHAMMED.V, HEADMASTER, ALP SCHOOL,
           KOLATHUR.P.O, 679 338.
           (VAKERITHODI, PALLIYALKULAMB, KOLATHUR.P.O,
           679 338, MALAPPURAM DISTRICT.)

           BY ADVS.
           K.A.MANZOOR ALI
           THASNEEM BASHEER



RESPONDENTS:

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

    2      THE ASSISTANT EDUCATIONAL OFFICER,
           MANKADA, MALAPURAM DIST, PIN-679 324.

    3      THE MANAGER,
           ALP SCHOOL, KOLATHUR.P.O, PIN-679 338

           SMT.NISHA BOSE, SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2022, ALONG WITH WP(C).16592/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.16592 & 17623 of 2022         4




                                 JUDGMENT

The petitioner in W.P.(C)16592 of 2022 is the Manager of the Aided

Lower Primary School, Kolathur. He has filed this writ petition challenging

Ext.P5 order passed by the AEO, Mankada rejecting the request made by

the petitioner herein to extend the period of suspension of the 6th

respondent, who at the relevant point of time was working as the

Headmaster of the ALP School, Kolathur.

2. W.P.(C) No.17623 of 2022 is filed by the Headmaster seeking

implementation of the orders passed by the AEO.

3. Sri.Sajjad, the learned counsel appearing for the petitioner in

W.P(C) No.16592 of 2022 submits that challenging the order passed by the

AEO, the petitioner has preferred Ext.P6 revision petition invoking Rule 92

of the Kerala Education Rules before the Government which is pending.

Along with the revision an application for stay is also filed. It is submitted

that the teacher has now attained superannuation. Sri. K.A.Manzoor Ali, the

learned counsel appearing for the Headmaster submitted that while

considering the revision petition, the teacher may also be heard.

4. I have heard the learned counsel appearing for the petitioners

and the learned Government Pleader.

5. After having carefully evaluated the contentions raised in these

writ petitions, the submissions made across the Bar and the facts and

circumstances, I am of the view that these writ petitions can be disposed of

by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P6 revision

petition filed by the petitioner in W.P.(C) No.16592 of 2022,

after affording an opportunity of being heard, either

physically or virtually, to the petitioners herein or their

authorised representative and the affected parties. If the

parties insist, the application for stay filed along with the

revision petition may be considered in an expeditious

manner, at any rate, within a period of two weeks from the

date of filing of the request.

b) Orders in the revision petition shall be passed expeditiously, in

any event, within a period of three months from the date of

production of a copy of this judgment.

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

writ petition along with the judgment before the concerned WP(C)Nos.16592 & 17623 of 2022 6

respondent to ensure compliance.

These writ petitions are disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C)Nos.16592 & 17623 of 2022 7

APPENDIX OF WP(C) 17623/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 30/3/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER DATED 8/4/2022 ISSUED BY THE PETITIONER TO GIRIJA TEACHER.

Exhibit P3 TRUE COPY OF REPLY DATED 11/4/2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMMUTED LEAVE APPLICATION DATED 29/4/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE SUSPENSION ORDER DATED 4/5/2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE HEARING NOTE DATED 16/5/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS DATED 17/5/2022 OF THE 2ND RESPONDENT CANCELLING SUSPENSION.

Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 18/5/2022.

Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF THE PENSION PAPER OF GIRIJA TEACHER SHOWING THAT SHE SIGNED THE SAME ONLY ON 20/4/2022.

RESPONDENTS' EXHIBITS:

NIL WP(C)Nos.16592 & 17623 of 2022 8

APPENDIX OF WP(C) 16592/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO. M.N/2/ 2022 DATED 04.05.2022 OF THE MANAGER.

Exhibit P2 TRUE COPY OF THE MEMO ISSUED BY THE MANAGER TO THE 6TH RESPONDENT DATED 30.03.2022 ALONG WITH TYPED COPY.

Exhibit P3 TRUE COPY OF THE REPLY OF THE 6TH RESPONDENT DATED 11.04.2022.

Exhibit P4 TRUE COPY OF THE LETTER NO. MN2/2022 DATED 04.05.2022 OF THE MANAGER ADDRESSED TO THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER NO. C/2253/2022 DATED 17.05.2022 OF THE AEO, MANKADA.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 18.05.2022, WITHOUT EXHIBITS.

Exhibit P6(a) TRUE COPY OF THE STAY PETITION FILED ALONG WITH THE REVISION PETITION DATED 18.05.2022.

Exhibit P7 TRUE COPY OF THE ORDER NO. MN2/2022 DATED 18.05.2022 OF THE MANAGER.

Exhibit P8 TRUE COPY OF THE COMPLAINT OF TEACHERS OF THE SCHOOL.

Exhibit P9 TRUE COPY OF THE COMPLAINT OF SMT.GIRIJA C. DATED 25.03.2022.

Exhibit P10 TRUE COPY OF THE COMPLAINT FILED BEFORE THE KOLATHUR POLICE STATION BY THE MANAGER.

WP(C)Nos.16592 & 17623 of 2022 9

Exhibit P10(a) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION DATED 08.05.2022

Exhibit P11 TRUE COPY OF THE CIRCULAR NO.

J1/164/19/G.EDN. DATED 28.06.2019 OF THE GOVT.

RESPONDENTS' EXHIBITS:

NIL