The Manager, A.L.P. School, Kolathur vs State Of Kerala
2024 Latest Caselaw 26352 Ker

Kerala High Court

The Manager, A.L.P. School, Kolathur vs State Of Kerala on 3 September, 2024

                                              2024:KER:67305

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                  WP(C) NO. 31001 OF 2024

PETITIONER:

         THE MANAGER, A.L.P. SCHOOL, KOLATHUR,
         MALAPPURAM, PIN - 679 338

         BY ADVS.
         A.LOWSY
         K.SHIBILI NAHA
         SRINATH C.V.
         GAYATHRI RAJAGOPAL


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
         DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695 001

    2    DIRECTOR GENERAL OF EDUCATION
         JAGATHY, THIRUVANANTHAPURAM,
         PIN - 695 014

    3    ASSISTANT EDUCATIONAL OFFICER
         MANKADA P.O., MALAPPURAM,
         PIN - 679 324

    4    BALKEES V.
         HEADMISTRESS (UNDER-SUSPENSION) ALP SCHOOL,
         KOLATHUR, MALAPPURAM - 679338 RESIDING AT
         PAINGEERI (H), KOLATHUR P.O., THEKKUMPURAM,
         AMBALAPPADI, MALAPPURAM,
         PIN - 679 338

         ADV NISHA BOSE-SR GP
 WP(C) No.31001 of 2024


                                                         2024:KER:67305
                                      2
      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024,     THE      COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.31001 of 2024


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                               3


                         JUDGMENT

The petitioner is the manager of ALP school,

Kolathur. The grievance of the petitioner is that, he initiated

disciplinary proceedings against the 4 th respondent, and as

part of the same, she was suspended from service. However,

as per Ext.P5 order, the 3rd respondent directed the

reinstatement of the 4th respondent in service. Being

aggrieved, the petitioner submitted Ext.P6 revision petition

before the 1st respondent, which is now pending

consideration. The limited prayer sought by the petitioner is

to direct the 1st respondent to take appropriate decision on

Ext.P5 within a time frame.

After hearing the learned Counsel for the petitioner

and the learned Government Pleader, I am inclined to

dispose of this Writ Petition. Accordingly, it is ordered that,

the 1st respondent shall take up Ext.P6 and appropriate

2024:KER:67305

orders thereon shall be passed in accordance with law after

hearing the petitioner and the 4th respondent. The decision in

this regard shall be taken by following the time line and

priorities contemplated in Government Order G.O(MS).

54/2024/GEDN Dated 01.06.2024. .

Sd/-

ZIYAD RAHMAN A A JUDGE AKH

2024:KER:67305

APPENDIX OF WP(C) 31001/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 05.08.2024

EXHIBIT P2 A TRUE COPY OF THE REPLY SUBMITTED BY THE 4TH RESPONDENT TO THE PETITIONER DATED NIL

EXHIBIT P3 A TRUE COPY OF THE ORDER NO.

KPL.DA/01/2024 DATED 14.08.2024 ISSUED BY THE PETITIONER

EXHIBIT P4 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 14.08.2024

EXHIBIT P5 A TRUE COPY OF THE ORDER NO.

AEOMKD/987/2024-C ISSUED BY THE 3RD RESPONDENT DATED 29.08.2024

EXHIBIT P6 A TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 31.08.2024