Kerala High Court

Sanal Kumari K vs State Of Kerala on 15 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                  WP(C) NO. 17925 OF 2014
PETITIONER:

          SANAL KUMARI K.
          AGED 50 YEARS
          W/O.CHANDAN.O, HEADMISTRESS (UNDER SUSPENSION),
          ALPS, POLUR, KUNNAMANGALAM, KOZHIKODE-673 571,
          RESIDING AT PAKALEDATH HOUSE, P.O.MERIKKUNNU,
          KOZHIKODE-673 012.
          BY ADV SRI.KALEESWARAM RAJ

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM-695 001.
    2     THE DIRECTOR OF PUBLIC INSTRUCTIONS
          THIRUVANANTHAPURAM-695 001.
    3     THE DISTRICT EDUCATIONAL OFFICER
          THAMARASSERY, KOZHIKKODE.
    4     THE ASSISTANT EDUCATIONAL OFFICER
          KUNNAMANGALAM, KOZHIKKODE-673 571.
    5     MANAGER
          ALP SCHOOL, POLUR, KUNNAMANGALAM, KOZHIKKODE-673
          571.
    6     K.P.SUJATHA
          TEACHER, A.L.P.S, POLUR, KUNNAMANGALAM,
          KOZHIKKODE-673 571.
    7     BLOCK PORGRAMME OFFICER
          B.R.C. KUNNAMANGALAM, MANASSERRY.
    8     PADMANABHAN
          VATTIMUNDA, P.O.PARAMBIL, VIA MERIKUNNU,
          KOZHIKODE-673 012.
 W.P.© No.17925 of 2014            2 :



            BY ADV.
            SRI.BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER



     THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   15.02.2024,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.© No.17925 of 2014           3 :




                   P.V.KUNHIKRISHNAN, J.
          ---------------------------------------------
                 W.P.(C) No. 17925 of 2014
      ------------------------------------------------------
           Dated this the 15th day of February, 2024.

                           JUDGMENT

Petitioner was working as Head Mistress in ALP

School, Polur, Kunnamangalam, Kozhikode District. This

writ petition is filed when she was suspended by the

Manager as per order dated 12.5.2014. This was the 4 th

suspension order issued to the petitioner by the Manager.

Moreover, the order of suspension is issued within 4 days

from the date on which the petitioner was reinstated on

the basis of the judgment of this Court in W.P.(C)

No.44/2014, is the submission. The petitioner has

entered service as Lower Primary School Assistant on

23.07.1984.

2. In the year 2008, she was promoted to the

post of Head Mistress. She jointed as Head Mistress on W.P.© No.17925 of 2014 4 :

01.06.2008 and while continuing so, she was suspended

from service on 22.03.2010 as per Ext.P1. However, on

finding that the petitioner was innocent and not guilty of

the charges, she was reinstated in service as per Exhibit

P2 order, is the submission. As per Exhibit P2, the

suspension period was treated as duty for all purposes, is

the further submission. Again the 5th respondent

suspended the petitioner on 16.2.2017 as per Exhibit P3.

3. Pursuant to Exhibit P3, the 4th respondent

issued an order dated 21.06.2011 directing to reinstate

the petitioner as Head Mistress in the present school, as

evident from Exhibit P4. By Exhibit P4, it was also

directed that the petitioner will be reinstated in service

from the date of Exhibit P3. Exhibit P4 was followed by

Exhibit P5, in which it was directed that the petitioner is

entitled to salary from the date of suspension.

4. In the meanwhile, the 5th respondent W.P.© No.17925 of 2014 5 :

approached this Court by filing W.P.(C) No.17809/2011

against Exhibits P4 and P5. The said writ petition was

disposed of on 1.7.2011 and on the basis of the

judgment, the 1st respondent issued Exhibit P6 order. As

per Exhibit P6, the reinstatement of the petitioner as

ordered in Exhibit P4 and subsequent directions given in

Exhibit P5, were upheld. Thus, the petitioner rejoined as

Head Mistress and while continuing so, the petitioner was

again suspended on 17.12.2012 as per Exhibit P7. Exhibit

P7 was issued based on Exhibit P8 letter.

5. In the reply to Exhibit P7, the petitioner

submitted a representation, as evident by Exhibit P9.

Thereafter, enquiry was conducted in the 4 th respondent's

office. In the meanwhile, the 4th respondent passed an

order granting permission to extend the suspension

period of the petitioner, as evident from Exhibit P11.

Petitioner preferred a revision petition before the 3 rd W.P.© No.17925 of 2014 6 :

respondent, as evident by Exhibit P12. Subsequently,

after hearing the parties, the 3rd respondent passed

Exhibit P14 order. As per Exhibit P14, Exhibit P11 order

of the 4th respondent was cancelled and it was directed

the 4th respondent to take necessary steps to reinstate

the petitioner in service. But the 5 th respondent has not

allowed the petitioner to rejoin duty despite Exhibit P14.

Thereafter, petitioner submitted Exhibit P15

representation before the Director of Public Instructions

and Deputy Director of Education, Kozhikode.

Subsequent to Exhibits P14 and P15, the 4 th respondent

issued a letter dated 13.06.2013 allowing the petitioner

to put attendance provisionally in the office of the 4 th

respondent. In the meanwhile, the petitioner was served

with memo of charges, evident from Exhibit P18.

Petitioner submitted her explanation, as evident from

Exhibit P19. Exhibit P14 is issued at the time when W.P.© No.17925 of 2014 7 :

Exhibits P18 and P19 are there.

6. While so, the Government issued Exhibit P22

by which, the order extending the suspension was set

aside by the Government. Subsequently, an order was

passed by the AEO, Kunnamangalam, as evident from

Exhibit P23. Seeking implementation of Exhibits P22 and

P23, the petitioner filed W.P.(C) No.44/2014 and the

same was disposed by this Court as per Exhibit P24,

directing to reinstate the petitioner in service.

7. Subsequent to Exhibit P24 judgment, purported

in compliance with the said judgment, the Manager

issued Exhibit P26 order, in which it is stated that the

petitioner is reinstated in service. Accordingly, the

petitioner went to the school and rejoined the school on

the next day that is on 09.05.2014. Thereafter the

petitioner was again suspended as per Exhibit P27.

Aggrieved by Exhibits P27 and P28, this Writ petition is W.P.© No.17925 of 2014 8 :

filed.

8. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

9. When this Writ petition came up for consideration

on 14.07.2014, this Court passed the following order:

"Admit. Issue urgent notice returnable in 10 days to the respondents.

There will be an interim order staying Ext.P27 proceedings dated 12.5.2014 issued by the fifth respondent. Consequently, the petitioner will be entitled to rejoin duty as Headmaster on the strength of this order, by producing a copy of this order before the Manager/Teacher-in-charge. It will be open to the petitioner, if the Manager/Teacher-in-charge declines to act on the basis of this order, to move the District Educational Officer, Thamarassery who shall in that event take steps to ensure that this order is complied with in letter and spirit.

Handover to both sides."

W.P.© No.17925 of 2014 9 :

10. When this writ petition was filed, the petitioner

was aged 51 years. Now the petitioner might have

retired from service. Therefore, the continuation of

Exhibits P27 and P28 is unnecessary in the light of the

the interim order dated 14.07.2014.

Therefore, this Writ petition is disposed of setting

aside Exhibits P27 and P28.

Sd/-

P.V.KUNHIKRISHNAN DM/smv JUDGE W.P.© No.17925 of 2014 10 :

APPENDIX OF WP(C) 17925/2014

PETITIONER'S EXHIBITS

P1- A TRUE COPY OF THE SUSPENSION ORDER DATED 22.03.2010 ISSUED BY THE 5TH RESPONDENT MANAGER.

P2- A TRUE COPY OF THE ORDER DATED 26.03.2010 ISSUED BY THE 4TH RESPONDENT ALONG WITH ORDER NO.3/2010 DATED 05.04.2010.

P3- A TRUE COPY OF THE SUSPENSION ORDER DATED 16.06.2011.

P4- A TRUE COPY OF THE ORDER DATED 21.06.2011 ISSUED BY THE 4TH RESPONDENT.

P5- A TRUE COPY OF THE ORDER DATED 01.07.2011 ISSUED BY THE 4TH RESPONDENT.

P6- A TRUE COPY OF THE ORDER DATED 24.08.2011 ISSUED BY THE 1ST RESPONDENT.

P7- A TRUE COPY OF THE ORDER DATED 17.12.2012 ISSUED BY THE 5TH RESPONDENT.

P8- A TRUE COPY OF THE LETTER DATED 13.12.2012 OF THE 4TH RESPONDENT.

                    P9-    A     TRUE     COPY   OF     THE
                    REPRESENTATION/EXPLANATION        DATED

20.12.2012 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

P10- A TRUE COPY OF THE LETTER DATED 28.12.2012 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ALONG WITH ACKNOWLEDGEMENT CARD.

W.P.© No.17925 of 2014 11 :

P11- A TRUE COPY OF THE ORDER DATED 29.12.2012 ISSUED BY THE 4TH RESPONDENT.

P12- A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P13- A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AT THE HEARING ON 27.02.2013.

P14- A TRUE COPY OF THE ORDER DATED 22.04.2013 ISSUED BY THE 3RD RESPONDENT.

P15- A TRUE COPY OF THE REPRESENTATION DATED 10.06.2013 SUBMITTED BY THE PETITIONER.

P16- A TRUE COPY OF THE LETTER DATED 13.06.2013 ISSUED BY THE 4TH RESPONDENT.

P17- A TRUE COPY OF THE REPRESENTATION DATED 26.06.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P18- A TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATION.

                    P19-     A    TRUE     COPY    OF    THE
                    EXPLANATION/DEFENCE    STATEMENT   DATED
                    22.04.2013      SUBMITTED     BY     THE
                    PETITIONER.