Kerala High Court
Velayudha Vilasom Vocational Higher ... vs State Of Kerala on 12 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
WP(C) NO. 15966 OF 2019
PETITIONER:
VELAYUDHA VILASOM VOCATIONAL
HIGHER SECONDARY SCHOOL
AYATHIL, KOLLAM, PIN - 691 021,
REPRESENTED BY ITS MANAGER,
SRI, ARUN SHANKAR.
BY ADVS.
LINDONS C.DAVIS
SMT.E.U.DHANYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION
DIRECTORATE OF VOCATION HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDING,
SANTHINAGAR, THIRUVANANTHAPURAM - 695 001.
3 DIRECTOROF GENERAL EDUCATION
THIRUVANANTHAPURAM - 695 014.
4 SMT. SWAPNA. K.
NON VOCATIONAL TEACHER (JUNIOR) IN GEORGRAPHY,
VELAYUDHA VILASOM VOCATIONAL HIGHER SECONDARY
SCHOOL, AYATHIL, KOLLAM - 691 021.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.SHAJ
SRI.C.IJLAL
SRI.ARUN CHAND
SHRI.THAREEQ ANVER
SRI.JOSEPH MARY DAS
KUM.K.SALMA JENNATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, ALONG WITH WP(C).19724/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos15966/2019 & 19724/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
WP(C) NO. 19724 OF 2021
PETITIONER:
SWAPNA K
AGED 44 YEARS
W/O TED TONY TOM,
RESIDING AT BUTE WEALTH, KAZHAKUTTAM P.O,
THIRUVANANTHAPRUAM, KERALA-695582,
WORKING AS NON VOCATIONAL TEACHER IN
GEOGRAPHY, VELAYUDHA VILASOM
VOCATIONAL HIGHER SECONDARY SCHOOL,
AYATHIL KOLLAM DISTRICT, PIN-PIN-691021.
BY ADVS.
ARUN CHAND
VINAYAK G MENON
BHARAT VIJAY P.
THAREEQ ANVER K.
K.SALMA JENNATH
ANANDU R.
MAJID MUHAMMED K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHI, THIRUVANANTHAPURAM-695014.
3 THE DIRECTOR OF VOCATIONAL
HIGHER SECONDARY EDUCATION
DIRECTORATE OF VOCATIONAL HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM-695001.
4 THE ASSISTANTE DIRECTOR
VOCATIONAL HIGHER SECONDARY EDUCATION,
KADAPAKKADA, KOLLAM DISTRICT.
5 VELAYUDHA VILASOM VOCATIONAL
HIGHER SECONDARY SCHOOL
W.P.(C) Nos15966/2019 & 19724/2021
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AYATHIL, KOLLAM-691021,
REPRESENTED BY ITS MANAGER.
6 ARUN SHANKER
MANAGER, VELAYUDHA VILASOM
VOCATIONAL HIGHER SECONDARY SCHOOL,
AYATHIL, KOLLAM, PIN-691021.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
SMT.K.G.SAROJINI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, ALONG WITH WP(C).15966/2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos15966/2019 & 19724/2021
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MOHAMMED NIAS C.P., J.
---------------------
W.P.(C) Nos. 15966 of 2019 & 19724 of 2021
---------------------------
Dated this the 12th day of February, 2024
JUDGMENT
W.P.(C) No.15966/2019 is filed by the Manager of an aided school
challenging Exts.P3 to P5, which regularises the alleged unauthorized
absence of the fourth respondent, a teacher. A prayer for a declaration
that the petitioner, as the Manager, is the authority to take disciplinary
proceedings for the unauthorised absence of the fourth respondent for the
period between 28/12/2017 and 18/01/2018, in tune with the provisions
of the K.E.R
2. W.P.(C) No.19724/2021 is filed by the teacher challenging
Exts.P4, P7 and P9. Ext.P4 is the order of suspension passed against the
teacher. By Ext.P7 and P9, permission was granted to continue the
disciplinary proceedings against the petitioner. Thus, it is the same order
dated 06/04/2019 that is challenged by the Manager as well as the
Teacher, albeit for different reasons.
3. The teacher submits that she was proceeded against by and
suspended for a trivial act done which was only for the welfare of the
students and which is protected under Rule 12 of Chapter IV of KER.
W.P.(C) Nos15966/2019 & 19724/2021
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That apart Ext.P4 suspension order proceeds on the basis of the
conversation that took place between the husband of the petitioner with
the co-ordinator of the fifth respondent school which the petitioner
asserts was without her knowledge. The petitioner submits that the
continuance of the proceedings and the withholding of the increments is
illegal. The Manager on the other hand submits that he is more aggrieved
by the orders passed by the Director on a request by the teacher as soon
as the suspension order was served, which the Manager states is contrary
to the provisions of the KER. He asserts his right to take disciplinary
action under the KER and that it could not have been stalled by the
Director, who is an appellate authority.
4. When the matter was taken up on 06/02/2024, this Court
wanted to get instructions from the learned Government Pleader as to
whether there were any other acts on the part of the teacher after the
above incident and that whether any proceedings were initiated against
her after 21/11/2017, the date of the alleged incident which led to the
suspension. Today, on instructions, the learned Government Pleader as
well as the Manager submits that no complaint was raised against the
petitioner after the date mentioned above.
5. Under such circumstances, taking note of the fact that the
allegation levelled against the petitioner cannot be treated as that serious
W.P.(C) Nos15966/2019 & 19724/2021
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as all that the teacher did was to question the act of taking away the desk
from the classroom as, according to the teacher, all the maintenance
should have been done well in advance, and it could not have been done
during the academic session. Equally, the reason for the commencement
of the disciplinary proceedings does not appear to be such to initiate any
action.
6. Under such circumstances, the writ petitions are disposed of,
and Exts.P4, P7 and P9 orders in W.P.(C) 19724/2021 are quashed. The
petitioner will be entitled to all the attendant benefits, and the same shall
be paid within three months from the date of receipt of a copy of this
judgment. There will be a direction to the petitioner to ensure that no act
which is unbecoming of a teacher must come from her. The Manager's
contention that he is the disciplinary authority with the power to take
disciplinary action when warranted cannot be doubted.
7. In view of the judgment in W.P.(C) No.19724/2021 that
allows the writ petition, no further orders are required in W.P.(C)
No.15966/2019, and the same is accordingly closed.
These writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
W.P.(C) Nos15966/2019 & 19724/2021
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APPENDIX OF WP(C) 15966/2019
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE SUSPENSION ORDER
NO.VVVHSS/577/17 DATED 13.12.2017 DATED
13.12.2017 ISSUED BY THE PETITIONER TO THE
4TH RESPONDENT.
EXHIBIT P2 A COPY OF ORDER NO.E3/13457/17 DATED
17.1.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 A COPY OF THE LETTER NO.E3/13457/2017 DATED
26.2.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 A COPY OF THE ORDER NO.E3/13457/2017 DATED
20.5.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 A COPY OF THE ORDER OF THE IST RESPONDENT
DATED 6.4.2019.
RESPONDENT EXHIBITS
EXHIBIT R4(A) A TRUE COPY OF THE PROCEEDINGS DATED
30.11.2017 ISSUED BY THE PETITIONER TO THE
FOURTH RESPONDENT.
EXHIBIT R4(B) A TRUE COPY OF THE REPRESENTATION DATED
07.12.2017 SUBMITTED BY THE FOURTH
RESPONDENT TO THE PETITIONER.
EXHIBIT R4(C) A TRUE COPY OF THE REPRESENTATION DATED
14.12.2017 SUBMITTED BY THE FOURTH
RESPONDENT BEFORE THE SECOND RESPONDENT.
EXHIBIT R4(D) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED
19.01.2018 ISSUED BY THE PETITIONER TO
FOURTH RESPONDENT.
EXHIBIT R4(E) A TRUE COPY OF THE REPLY TO EXHIBIT R4(D)
SUBMITTED BY THE FOURTH RESPONDENT TO THE
PETITIONER.
EXHIBIT R4(F) A TRUE COPY OF THE REPRESENTATION DATED
20.02.2018 SUBMITTED BY THE FOURTH
RESPONDENT BEFORE THE PRINCIPAL OF THE SAID
SCHOOL.
EXHIBIT R4(G) A TRUE COPY OF THE REPLY DATED 23.02.2018
ISSUED BY THE THEN PRINCIPAL REJECTING
EXHIBIT R4(F) REPRESENTATION TO THE FOURTH
RESPONDENT.
EXHIBIT R4(H) A TRUE COPY OF THE ORDER DATED 18.07.2018
OF THIS HON'BLE COURT IN W.P.(C) NO.
24043/2018.
W.P.(C) Nos15966/2019 & 19724/2021
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APPENDIX OF WP(C) 19724/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS DATED
30.11.2017 BEARING NO.VVVHSS.574/17
ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE PROCEEDINGS CUM SHOW
CAUSE DATED 07.12.2017 BEARING
NO.VVHSS/576/17 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE REPLY DATED
07.12.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE PROCEEDINGS CUM
SUSPENSION ORDER DATED 13.12.2017 ISSUED
BY THE 6TH RESPONDENT TO THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED
14.12.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED
07.01.2018 VIDE NO. E3/13457/17 ISSUED BY
THE THIRD RESPONDENT DIRECTING THE RE-
INSTATEMENT OF THE PETITIONER.
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED
20.05.2018 VIDE NO.E3/13457/2017 ISSUED
BY THE THIRD RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED
18/07/2018 IN WPC NO.24043/2018 PASSED BY
THIS HON'BLE COURT.
EXHIBIT P9 THE TRUE COPY OF THE GOVERNMENT ORDER
DATED 06.04.2019 VIDE G.O (ORDINARY)
NO.1329/2019/G.E.D. ISSUED BY THE FIRST
RESPONDENT.
