Kerala High Court
Simi K.O vs The Manager on 18 November, 2024
1
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 18TH DAY OF NOVEMBER 2024 / 27TH KARTHIKA, 1946
WP(C) NO. 39304 OF 2018
PETITIONER:
SIMI K.O.
AGED 38 YEARS, W/O. A.J. JOHNSON,
ALOOR HOUSE, P.O. NEMMINI, GURUVAYOOR - 680 104.
(WORKING AS HEADMISTRESS, B.B.A. L.P. SCHOOL,
MANATHALA, CHAVAKKAD.)
BY ADV.
SRI.C.P.PEETHAMBARAN
RESPONDENTS:
1 THE MANAGER
B.B.A. L.P. SCHOOL, MANATHALA,
CHAVAKKAD - 680 104.
2 THE ASSISTANT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT, PIN - 680 506.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
4 ADDL. R4.
K.M. ABDUL JABBAR SAHIB,
MANAGER, B.B.A. L.P. SCHOOL, MANATHALA,
CHAVAKKAD, THRISSUR DISTRICT - 680104
(ADDL.R4 IMPLEADED AS PER ORDER DATED 06-11-2023
IN IA1/23 IN WPC 39304/2018)
BY ADVS.
MUHAMMED SHAFI. M
2
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
T.RASINI(K/000090/2017)
ADHEELA NOWRIN(K/000855/2020)
SRI.DHEERAJ A.S, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.11.2024, ALONG WITH WP(C).32011/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 18TH DAY OF NOVEMBER 2024 / 27TH KARTHIKA, 1946
WP(C) NO. 32011 OF 2019
PETITIONER:
SIMI K.O.,
AGED 39 YEARS, W/O. A.J. JOHNSON,
ALOOR HOUSE, P.O. NEMMINI, GURUVAYOOR - 680 104,
(WORKING AS HEADMISTRESS, B.B.A.L.P. SCHOOL,
MANATHALA, CHAVAKKAD)
BY ADV.
SRI.C.P.PEETHAMBARAN
RESPONDENTS:
1 THE MANAGER,
B.B.A. L.P. SCHOOL, MANATHALA,
CHAVAKKAD - 680 104.
2 THE ASSISTANT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT, PIN - 680 506.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
4 ADDL.R4:
K.M. ABDUL JABBAR SAHIB,
MANAGER, B.B.A. L.P. SCHOOL, MANATHALA,
CHAVAKKAD, THRISSUR DISTRICT - 680104.
(ADDL R4 IS IMPLEADED AS PER ORDER DATED
06/11/2023 IN IA NO: 1/2023 IN WP(C) 32011/2019)
BY ADVS.
SRI.DHEERAJ A.S. - GP
4
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
MUHAMMED SHAFI . M
T.RASINI(K/000090/2017)
ADHEELA NOWRIN(K/000855/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.11.2024, ALONG WITH WP(C).39304/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
5
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
HARISANKAR V. MENON, J.
-------------------------------
W.P.(C) Nos.39304 of 2018 and 32011 of 2019
-------------------------------
Dated this the 18th day of November, 2024
JUDGMENT
The petitioner in these writ petitions, was appointed as a
Headmistress of a school originally managed by the 1st respondent
in these writ petitions and currently managed by the additional 4th
respondent herein.
2. The petitioner was originally suspended by the order
dated 27.06.2018 produced as Ext.P3 in W.P.(C) No.39304 of
2018. The afore order of suspension was essentially with respect
to certain allegations against the petitioner as regards her
behaviour with the school management. The petitioner submitted
a representation to the Assistant Educational Officer, seeking the
withdrawal of the suspension as above. Ultimately, by Ext.P5
dated 12.07.2018, the petitioner was directed to be reinstated.
But the petitioner was not straightway reinstated, and ultimately
it is pursuant to the letter dated 06.08.2018 that the petitioner is
reinstated with effect from 08.08.2018.
3. Later, the petitioner is again served with a memo of
charges, as evidenced by Ext.P13, referring to certain complaints
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
pursuant to an alleged incident that occurred on 09.08.2018.
Though the petitioner submitted a reply at Ext.P14, further memo
of charges is served on her as evidenced by Ext.P15. The
petitioner, in turn, submitted a detailed reply as seen from
Ext.P16. She was even thereafter served with Ext.P17 memo of
charges, and after taking into account the reply submitted at
Ext.P18, by Ext.P19 order issued by the Manager, she has been
reverted to the post of LPSA. It is challenging the afore order at
Ext.P19 that W.P.(C) No.39304 of 2018 is filed by the petitioner.
4. The petitioner has also been saddled with Ext.P17 order
dated 02.12.2019, by which three increments were barred
cumulatively as against certain allegations which were already
raised against her when she was originally suspended. It is
challenging the said order dated 02.12.2019 that the petitioner
has filed W.P.(C) No.32011 of 2019, after amending the same.
5. I have heard Sri.C.P.Peethambaran, the learned
counsel for the petitioner and Sri.M.Muhammed Shafi, the learned
counsel for the 4th respondent Manager.
6. The learned counsel for the petitioner would contend
that the impugned orders in these writ petitions have been issued
without following the procedure prescribed under Rule 75 of
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
Chapter XIV A of the Kerala Education Rules (KER). It is also
contended that the allegations in the order dated 02.12.2019 in
W.P.(C) No.32011 of 2019, are with reference to two alleged bogus
admissions effected in the school concerned.
7. Per contra, the learned counsel for the 4th respondent
vehemently points out that the issues are essentially created by
the petitioner herself on account of her attitude towards the school
as well as the teachers.
8. It is noticed that, as regards the proceedings finalised
against the petitioner, the procedure prescribed with reference to
Rule 75 of Chapter XIV A of KER has not been complied with. By
the impugned orders, penalty has been imposed on the petitioner
by an authority, who is not competent to do so. The Manager, after
having raised various allegations against the petitioner and after
having carried out the preliminary enquiry in the matter, was
expected to act in accordance with the procedure prescribed under
Rule 75 of Chapter XIV A of KER. Insofar as this has not been
done, I am of the opinion that the impugned orders are to be set
aside, directing the Manager to act in accordance with law.
9. I also notice that the allegation against the petitioner
is with reference to the bogus admission of two pupils in the
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
school. The petitioner has raised various contentions with
reference to the afore allegations. However, this Court is not
entering into any findings on the afore allegations, since the
matter is being directed to be reconsidered at the hands of the
Manager in accordance with law.
10. I also note that the petitioner was originally suspended
and directed to be reinstated pursuant to Ext.P5 order dated
12.07.2018. However, she was reinstated only on 08.08.2018. The
period during which the petitioner was suspended and was out of
service is to be regularised, in tune with the provisions of Rule
67(8) of Chapter XIV A of KER. Needless to say that the afore
period is to be treated as duty, and all service benefits are to be
extended to the petitioner in tune with the afore provision.
In such circumstances, these writ petitions would stand
disposed of as under;
i. The impugned order at Ext.P19 in W.P.(C)
No.39304 of 2018 and Ext.P17 in W.P.(C)
No.32011 of 2019 are set aside.
ii. The 4th respondent Manager is directed to act in
accordance with the provisions of Rule 75 of
Chapter XIV A of KER.
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
iii. It is also declared that the petitioner is entitled to
regularisation of the period of suspension in tune
with the provisions of Rule 67(8) of Chapter XIV A
of KER.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
APPENDIX OF WP(C) 39304/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 26/06/2018
ISSUED BY THE PRINCIPAL OF BLOOMING BUDS
BETHANIA ENGLISH SCHOOL, VELLITHIRUTHY.
EXHIBIT P2 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE SUSPENSION ORDER DATED
27.06.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
28.06.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12.07.2018
OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 08.08.2018
OF THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
12.07.2018 FILED BY 2ND RESPONDENT BEFORE
THE INSPECTOR OF POLICE, CHAVAKKAD POLICE
STATION OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 06.08.2018
OF THE DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD, OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P9 TRUE COPOY OF THE COMMUNICATION DATED
13.07.2018 OF THE 2ND RESPONDENT TO THE
DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM OBTAINED UNDER R.I.
ACT.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
11/09/2018 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED
10/10/2018 FILED BY THE TEACHERS BEFORE
THE 2ND RESPONDENT.
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED
17/11/2018 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE MEMO DATED 31.08.2018
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P14 TRUE COPY OF THE REPLY DATED 06.09.2018
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P15 TRUE COPY FO THE MEMO DATED 31.08.2018
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P16 TRUE COPY OF THE REPLY DATED 14.09.2018
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P17 TRUE COPY OFT HE MEMO OF CHARGES AND
STATEMENT OF ALLEGATIONS DATED 06/10/2018
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
EXHIBIT P18 TRUE COPY OF THE REPLY DATED 20/10/2018
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE PROCEEDINGS DATED
21.11.2018 OF THE MANAGER OBTAINED UNDER
RIGHT TO INFORMATION ACT.
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
APPENDIX OF WP(C) 32011/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE SUSPENSION ORDER DATED
27-06-2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 28-
06-2018 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12-07-2018
OF THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 21-12-2018
OF THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE MEMO OF CHARGES AND
STATEMENT OF ALLEGATION DATED 07-2018
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 24-07-2018
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 12-07-
2018 FILED BY THE 2ND RESPONDENT BEFORE
THE INSPECTOR OF POLICE, CHAVAKKAD POLICE
STATION OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 06-08-2018
OF THE DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED
13/7/2018 OF THE 2ND RESPONDENT TO THE
DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM OBTAINED UNDER R.I.
ACT.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
11/9/2018 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
W.P.(C) Nos.39304 of 2018 & 32011 of 2019
2024:KER:86376
EXHIBIT P12 TRUE COPY OF THE MEMO OF CHARGES AND
STATEMENT OF ALLEGATIONS DATED 6/10/2018
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE REPLY DATED 20/10/2018
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS DATED 21-11-
2018 OF THE MANAGER OBTAINED UNDER RIGHT
TO INFORMATION ACT.
EXHIBIT P15 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE 2ND RESPONDENT IN WPC NO.
39304/2018 BEFORE THIS HON'BLE COURT.
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 7/11/2019
ALONG WITH CHARGE SHEET ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE ORDER NO.28/2018 DATED
02.12.2019 ISSUED BY THE 1ST RESPONDENT.
