Sreelatha. P.T vs State Of Kerala Represented By The ...
2023 Latest Caselaw 10563 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                      WA NO.1648 OF 2023
        AGAINST THE ORDER/JUDGMENT IN WP(C) 19562/2023
                             -----
APPELLANT:

            SREELATHA. P.T., AGED 54 YEARS,
            W/O.MURALEEDHARAN K.P, LOWER PRIMARY SCHOOL
            TEACHER, S.V.U.P. SCHOOL, MUTHATHY, KOROM P.O,
            PAYYANUR VIA, KANNUR DIST. PIN : 670307 RESIDING
            AT 'NAVANEETHAM', VILLAGE OFFICE TEMPLE ROAD,
            PAYYANUR P.O., KANNUR DIST., PIN - 670307.

           BY ADV. MURALI PALLATH



RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
           SECRETARY TO GOVT., GENERAL EDUCATION
           DEPARTMENT, GOVT. SECRETARIAT (ANNEX II)
           THIRUVANANTHAPURAM, PIN - 695001.

    2      THE DIRECTOR OF GENERAL EDUCATION,
           DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
           THYCAUD P.O., THIRUVANANTHAPURAM,
           PIN - 695014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
           KANNUR, THANA P.O., KANNUR DIST.,
           PIN - 670002.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           DISTRICT EDUCATIONAL OFFICE, TALIPARAMBA,
           MINI CIVIL STATION, TALIPARAMBA,
           KANNUR DIST., PIN - 670141.

    5      THE ASST. EDUCATIONAL OFFICER,
           ASST. EDUCATIONAL OFFICE, PAYYANUR,
 W.A.No.1648/2023             2



           PAYYANUR P.O, KANNUR DIST., PIN - 670307.

     6     THE HEADMASTER, S.V.U.P. SCHOOL, MUTHATHY,
           KOROM P.O, PAYYANUR VIA, KANNUR DIST.,
           PIN - 670307.

     7     THE MANAGER, S.V.U.P. SCHOOL, MUTHATHY,
           KOROM P.O., PAYYANUR VIA, KANNUR DIST.,
           PIN - 670307.

           BY ADV.M.SASINDRAN
           BY GOVERNMENT PLEADER, SMT.VINITHA B.



THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.1648/2023                    3




                          J U D G M E N T

A.Muhamed Mustaque, J.

This intra-court appeal is at the instance of

the Aided School teacher. She was not allowed to

rejoin duty in school citing that disciplinary

action is pending against her. The disciplinary

action was actually initiated as she remained absent

without leave. Initially, she availed Leave Without

Allowance. It appears that it has not been extended.

The subject of the disciplinary enquiry proposed

itself is based on unauthorised absentation. The

learned single Judge refused to interfere with the

matter. Pending appeal, the Manager issued a notice

to the appellant proposing an action. The appellant

also responded. If the continuous absence had

resulted in disciplinary action, indirectly the

appellant cannot now rejoin duty through a writ of

mandamus. Anyway, as rightly pointed out by the

learned single Judge, the disciplinary action will

have to be concluded in a proper manner. We direct

the competent respondents to conclude the

disciplinary action within two months. No further

direction is required in this matter. The request to

rejoin duty will be based on the outcome in

disciplinary action.

The writ appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE ln

APPENDIX OF WA 1648/2023

PETITIONER'S ANNEXURES:

ANNEXURE A TRUE COPY OF REVISION PETITION DATED 07.09.2023 SUBMITTED BY THE WRIT PETITIONER TO THE 1ST RESPONDENT.

ANNEXURE A1 TRUE COPY OF NOTICE DATED 27.09.2023 ISSUED BY THE 7TH RESPONDENT.

ANNEXURE A2 TRUE COPY OF REPLY LETTER DATED 13.10.2023 SUBMITTED BY THE APPELLANT TO THE 7TH RESPONDENT.