Kerala High Court
Zainaba P.P vs The State Of Kerala on 11 November, 2024
2024:KER:86330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WP(C) NO. 21007 OF 2019
PETITIONER:
OMANA,
AGED 48 YEARS,
W/O. HAREESAN, SHIHAS QUARTERS,
NEAR JUMA MASJID CHIRAKKALKULAM,
KANNUR CITY POST, KANNUR TALUK AND DISTRICT,
KANNUR-670 003.
BY ADVS.
SRI.R.SREEHARI
SRI.SACHIN VYAS
SRI.K.RAJESH SUKUMARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM TALUK AND DISTRICT,
THIRUVANANTHAPURAM-695 001.
2 DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KANNUR TALUK AND DISTRICT,
KANNUR-670 001.
3 ASSISTANT EDUCATIONAL OFFICER,
KANNUR NORTH EDUCATIONAL SUB DISTRICT,
KANNUR TALUK AND DISTRICT,KANNUR-670 001.
4 MANAGER,
MADRASSA MA ADANIYA LOWER PRIMARY SCHOOL,
CHIRAKKALKULAM, KANNUR TALUK AND DISTRICT,
KANNUR-670 003.
W.P.(C)Nos.21007 of 2019
36155 of 2018 2 2024:KER:86330
5 HEADMASTER/HEADMISTRESS,
MADRASSA MA ADANIYA LOWER PRIMARY SCHOOL,
CHIRAKKALKULAM, KANNUR TALUK AND DISTRICT, KANNUR-
670 003
6 NOON FEEDING COMMITTEE FOR
MADRASSA MA ADANIYA LOWER PRIMARY SCHOOL,
REPRESENTED BY ITS CHAIRMAN AND PRESIDENT OF PARENTS
TEACHERS ASSOCIATION OF MADRASSA MA ADANNIYA LOWER
PRIMARY SCHOOL, CHIRAKKALKULAM, KANNUR TALUK AND
DISTRICT, KANNUR-670 003.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.DINESH KUMAR K.
SRI.JUSTIN JACOB, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.11.2024, ALONG WITH WP(C).36155/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.21007 of 2019
36155 of 2018 3 2024:KER:86330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WP(C) NO. 36155 OF 2018
PETITIONER:
ZAINABA P.P,
AGED 58 YEARS,
W/O ABUSALIH, MANAGER MADRASSA MA DANIYA LOWER
PRIMARY SCHOOL, CHIRAKKALKULAM, KANNUR DISTRICT,
REP. BY POWER OF ATTORNEY HOLDER AHSAB K, AGED 32
YEARS, S/O V.V. AHAMMAD, RESIDING AT AYISHAS,
CHIRAKKALKULAM PO, POST KANNUR 670 003.
BY ADV SUNIL NAIR PALAKKAT
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 ASST.EDUCATIONAL OFFICER,
KANNUR NORTH EDUCATIONAL SUB DISTRICT,
KANNUR PIN 670 003.
3 OMANA,
AGED 47 YEARS
W/O HAREESAN, SHIHAS QUARTERS, NEAR JUMA-MASJID,
CHIRAKKALKULAM, KANNUR CITY POST, KANNUR 670003.
4 THE NOON-FEEDING COMMITTEE
OF THE MADRASS MA DANIYA LOWER PRIMARY SCHOOL,
CHIRAKKALKULAM, KANNUR DISTRICT PIN 670 003.
W.P.(C)Nos.21007 of 2019
36155 of 2018 4 2024:KER:86330
BY ADVS.
GOVERNMENT PLEADER
SRI.R.SREEHARI
SRI.SACHIN VYAS
SRI.K.RAJESH SUKUMARAN
SRI.JUSTIN JACOB, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.11.2024, ALONG WITH WP(C).21007/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.21007 of 2019
36155 of 2018 5 2024:KER:86330
JUDGMENT
[WP(C) Nos.21007/2019, 36155/2018]
The petitioner in W.P.(C)No.21007 of 2019 was working in
the school managed by the petitioner in W.P.(C).No.36155 of 2018.
2. The petitioner in W.P.(C)No.21007 of 2019 was sent
out of employment and she had approached the Assistant
Educational Officer by filing an appropriate representation. By the
order dated 25.10.2018, produced as Ext.P5 in W.P.(C)No.36155 of
2018, the Assistant Educational Officer had directed the Manager to
re-instate the petitioner. It is challenging the said order that the
Manager has filed W.P.(C).No.36155 of 2018 and the employee has
filed W.P.(C)No.21007 of 2019 seeking to implement that order.
3. Essentially, the question arises here is, as regards
the sustainability or otherwise by Ext.P5. It is true that the
employee had approached, the Assistant Educational Officer by filing
an appropriate representation and the order dated 25.10.2018 was
also issued. However, a reading of the afore order would show that
the Manager as well as the Noon Feeding Committee Chairman (6th
respondent in W.P.(C)No.21007 of 2019) had not been granted an
opportunity of being heard.
36155 of 2018 6 2024:KER:86330
4. In such circumstances, I am of the opinion, that the
order dated 25.10.2018 requires to be set aside.
Resultantly, these writ petitions are disposed of as under:
i. The order dated 25.10.2018 produced as Ext.P5 in
W.P.(C)No.36155 of 2018 is set aside.
ii. The 2nd respondent in W.P.(C)No.36155 of 2018 is
directed to re-consider the application filed by the
3rd respondent, after hearing the petitioner, the 3 rd
respondent as well as the 4th respondent therein.
iii. The afore exercise is to be carried out within three
months from the date of receipt of a certified copy
of this judgment.
iv. In the light of the afore directions, the prayers in
W.P.(C)No.21007 for 2019 is not answered and the
said writ petition is dismissed as infructous.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
36155 of 2018 7 2024:KER:86330
APPENDIX OF WP(C) 21007/2019
PETITIONER EXHIBITS
EXHIBIT P1 PHOTO COPY OF THE CIRCULAR
NO.NM(A)2/52568/2017/DPI DATED 18.09.2017
OF THE DPI KERALA.
EXHIBIT P2 PHOTO COPY OF THE LETTER DATED 31.08.2017
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 PHOTO COPY OF THE NOTICE DATED 10.10.2017
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 PHOTO COPY OF THE ORDER PASSED BY THE 3RD
RESPONDENT DATED 15.12.2017.
EXHIBIT P5 PHOTO COPY OF THE SUSPENSION ORDER ISSUED
BY THE 4TH RESPONDENT DATED 11.11.2017.
EXHIBIT P6 PHOTO COPY OF THE COMMUNICATION DATED
17.12.2017 ISSUED BY THE 4TH RESPONDENT IN
RESPECT OF THE DOMESTIC ENQUIRY.
EXHIBIT P7 PHOTO COPY OF THE REPRESENTATION FILED
BEFORE THE 3RD RESPONDENT DATED
17.09.2018.
EXHIBIT P8 PHOTO COPY OF THE JUDGMENT IN W P (C)
NO.31539/2018 DATED 27.09.2018 OF THIS
COURT.
EXHIBIT P9 PHOTO COPY OF THE ORDER DATED 25.10.2018
PASSED BY THE 3RD RESPONDENT.
EXHIBIT P10 PHOTO COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 8.11.2018 SENT TO THE
CIRCLE INSPECTOR OF POLICE, CITY POLICE
STATION, MARAKKARKANDY.
EXHIBIT P11 PHOTO COPY OF W P (C) NO.36155/2018
(WITHOUT EXHIBITS).
EXHIBIT P12 PHOTO COPY OF THE INFORMATION OBTAINED
FROM THE OFFICE OF THE 3RD RESPONDENT
DATED 29.12.2018.
36155 of 2018 8 2024:KER:86330
APPENDIX OF WP(C) 36155/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 15.12.2017
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED
17.12.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE SUSPENSION ORDER DATED
18.12.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 27.9.2018
IN WPC 31539/2018 OF THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P5 TRUE COPY OF THE ORDER NO-A3365/NM/2017
DATED 25.10.2018 OF THE 2ND RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE CIRCULAR
NO.NM(A)2/52568/2017/DPI DATED 18.09.2018.
EXHIBIT-R3(A) TRUE COPY OF THE INFORMATION OBTAINED FROM
THE OFFICE OF THE 3RD RESPONDENT DATED
29/12/2018.
EXHIBIT-R3(B) TRUE COPY OF THE CIRCULAR NO. HM(A)
2/52568/2017/DPI DATED 18/09/2017 OF THE
DIRECTOR OF PUBLIC INSTRUCTION, KERALA.
