Kerala High Court
Anija Anandan vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33524
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 16212 OF 2022
PETITIONER:
ANIJA ANANDAN
AGED 49 YEARS
W/O. VINAYAN, U.P.S.T.,
PATTYAMMA A.U.P.SCHOOL, KARIVELLUR.P.O.,
KANNUR DISTRICT - 670 521.
BY ADV. SRI. M.SASINDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
PAYYANNUR, KANNUR - 670 307.
4 THE HEADMASTER
PATTYAMMA A.U.P.SCHOOL, KARIVELLUR.P.O.,
KANNUR DISTRICT - 670 521.
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5 THE MANAGER
PATTYAMMA A.U.P.SCHOOL, KARIVELLUR.P.O.,
KANNUR DISTRICT - 670 521.
BY ADVS.
SRI. HARIKUMAR T.S
SRI. P.B.SAHASRANAMAN(K/121/1984)
SMT. PARVATHY KOTTOL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2025, ALONG WITH WP(C).32298/2024 AND
CONNECTED CASES AND THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 37306 OF 2022
PETITIONER:
K.P.BHARATHAN
AGED 76 YEARS
SON OF GOVINDAN,
MANAGER,PATTIYAMMA A.U.P
SCHOOL,KARIVELLUR,KANNUR,
RESIDING AT CHANDUKUTTY MANDIRAM,
KARIVELLUR P.O., KANNUR, PIN - 670521
BY ADVS.
SRI. T.S.HARIKUMAR
SRI. P.B.SAHASRANAMAN
RESPONDENTS:
1 THE SECRETARY
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,THIRUVANATHAPURAM, PIN - 695014
3 THE DEPUTY DIRECOR OF EDUCATION
KANNUR, PIN - 670012
4 THE ASSISTANT EDUCATIONAL OFFICER
PAYYANNUR,KANNUR, PIN - 670307
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5 ANIJA ANANDAN
AGED 50 YEARS
WIFE OF VINAYAN,U.P.S.T,
PATTYAMMA A.U.P SCHOOL,KARIVELLUR,
KANNUR, PIN - 670521
BY ADVS.
SMT. PARVATHY KOTTOL, GOVERNMENT PLEADER
SRI. M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2025, ALONG WITH WP(C).32298/2024 AND
CONNECTED CASES AND THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 32298 OF 2024
PETITIONER:
ANIJA ANANDAN
AGED 56 YEARS
W/O. VINAYAN,RETIRED AS UPST,
PATTAYAMMA AUP SCHOOL, KARIVELLOOR,
RESIDING AT MANIVEENA, CHOORIKKOVVAL,
P.O. KODAKKAD, KASARAGOD DISTRICT, PIN - 671310
BY ADVS.
SRI. M.SASINDRAN
SRI. P.K.SUBHASH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION DEPARTMENT
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
PUZHATHI HOUSING COLONY, KANNUR,
KERALA, PIN - 670002
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4 THE ASSISTANT EDUCATIONAL OFFICER
PAYYANNUR, KANNUR, PIN - 670307
5 THE MANAGER
PATTAYAMMA AUP SCHOOL, KARIVELLOOR P.O.,
KANNUR, PIN - 670521
6 THE HEADMASTER
PATTAYAMMA AUP SCHOOL, KARIVELLOOR P.O.,
KANNUR, PIN - 670521
7 THE ACCOUNTANT GENERAL (A&E)
OFFICE OF THE ACCOUNTANT GENERAL (A&E),
STATUTE, THIRUVANANTHAPURAM, PIN - 695001
BY ADV. SMT. PARVATHY KOTTOL, GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2025, ALONG WITH WP(C).16212/2022,
37306/2022 AND THE COURT ON 13.05.2025 DELIVERED THE
FOLLOWING:
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.16212 & 37306 of 2022
and 32298 of 2024
`````````````````````````````````````````````````````````````
Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
W.P.(C) Nos.16212/2022 and 32298/2024
have been filed by a UPST retired from services of the
Pattiyamma AUP School, Karivelloor, Kannur. W.P.(C)
No.37306/2022 has been filed by the Manager of the School.
The parties and Exhibits in these writ petitions are referred to
as they are described/produced in W.P.(C) No.16212/2022,
for convenience.
2. In W.P.(C) No.16212/2022, the petitioner-
Teacher stated that she has been working as UPST in the
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School managed by the 5th respondent since 24.09.2003. The
daughter of the petitioner and her husband are working in
Germany. In order to take care of grandchildren, the
petitioner applied for leave from 01.06.2022 to 17.08.2022
(78 days). The 4th respondent-Headmaster refused to
sanction leave holding that the petitioner has not produced
Certificate from the 5th respondent-Manager regarding
pendency of Disciplinary Proceedings.
3. The petitioner states that as per Exts.P2 and
P3 orders, the Government has recognised the rights of the
employees to visit their children abroad for which leave can
be sanctioned upto six months. Sanction of Government is
necessary only if the leave period is above four months.
Refusal to grant 78 days leave applied for by the petitioner,
for non-production of Certificate regarding pendency of
disciplinary proceedings is illegal, unwarranted and
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unjustified, contends the petitioner.
4. The petitioner submits that the petitioner
was earlier imposed with a punishment of barring one
increment with cumulative effect. But, the 3 rd respondent-
AEO has set aside that order of punishment. A revision
petition filed by the Manager is pending before the
Government, in this regard. The 3rd respondent-AEO has now
filed a Statement informing that the Government, as per
Order dated 01.09.2022, has refused to interfere with the
order of the AEO, but has ordered that if such lapses are
repeated, strict disciplinary action needs to be taken against
the petitioner.
5. W.P.(C) No.37306/2022 has been filed by
the 5th respondent-Manager seeking to quash Ext.P11 order
whereby the AEO has cancelled the order dated 04.09.2020
of the Manager imposing penalty of barring of one increment
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of the petitioner with cumulative effect, for the misconduct of
going abroad during 2019-2020 without informing the
Manager. The Government, by Ext.P14, upheld the order of
the AEO and hence Ext.P14 order is also under challenge.
6. The 5th respondent states that a disciplinary
proceeding was conducted against the petitioner earlier for
his misconduct, complying with the principles of natural
justice. The disciplinary proceeding was completed in
consultation with the Headmaster of the School and records
were sent to the AEO on the very next day itself for
ratification. Hence, Exts.P11 and P14 orders quashing the
punishment imposed on the petitioner are unsustainable.
7. I have considered the said argument with
reference to the pleadings and materials available. Rule 70
Chapter XIVA KER mandates that the authority which may
impose the penalty of withholding increments or promotion or
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reduction to lower stage in a time scale, shall be the Manager
who shall consult the Headmaster / Headmistress / Vice
Principal before imposing the penalty and shall also get his
action ratified by the educational officer. The educational
authority has found that the procedure under Rule 70 was not
followed by the 5th respondent-Manager while imposing
penalty on the petitioner.
8. The 5th respondent would submit that the
disciplinary proceedings were conducted in consultation with
the Headmaster and all the records were forwarded to the
AEO. The records do not show that the action of the
Manager was ratified by the Educational Officer on
conclusion of the disciplinary proceedings. Therefore, I do not
find any illegality in Exts.P11 or P14 orders.
9. During the pendency of W.P.(C) Nos.16212
and 37306 of 2022, the petitioner retired from service on
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superannuation on 31.05.2024. However, the petitioner was
not sanctioned DCRG and commuted value of pension, due
to the non-finalisation of the challenge regarding the
imposition of penalty. Hence, the petitioner filed W.P.(C)
No.32298/2024 seeking to direct the respondents to sanction
DCRG and commuted value of pension to the petitioner.
10. The prayer in W.P.(C) No.16212/2022 filed
by the petitioner is to direct the 4th respondent to reconsider
Ext.P1 application and grant leave to the petitioner without
insisting for production of Certificate of Pendency of
Disciplinary Proceedings. The application dated 03.05.2022
for leave submitted by the petitioner stands refused by the
Headmaster as per communication dated 12.05.2022 on the
ground that the petitioner has not produced Certificate from
the Manager that no disciplinary proceedings pending are
against the petitioner.
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11. Refusal of the Headmaster to grant leave on
that ground is unsustainable. Firstly, there is no requirement
under the Rules to produce such a Certificate. Secondly,
Form No.13 provided under Part I KSR also does not require
providing such information. Thirdly, the petitioner had been
working under the 5th respondent's School since the year
2003 and the Manager and the Headmaster should indeed
have all the information relating to pendency or otherwise of
any disciplinary proceedings against the petitioner.
12. The petitioner stands retired on
superannuation after rendering nearly 21 years of service.
The punishment imposed on the petitioner earlier stands
cancelled by the Educational Officer, which order is upheld by
the Government. As regards the issue of leave for the period
from 01.06.2022 to 17.08.2022, the leave has been declined
by the Headmaster for the sole reason that no Certificate on
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Disciplinary Proceedings has been produced by the
petitioner, which reason is found to be unsustainable. In the
circumstances, I am of the view that instead of remitting the
matter back for reconsideration of leave application, the writ
petitions can be disposed of with appropriate directions.
13. The writ petitions are therefore disposed of
as ordered hereunder:
(1) W.P.(C) No.16212/2022 is
disposed of directing respondents 4 and 5 to
sanction and grant leave as applied for by
the petitioner, without insisting for production
of any Certificate on Disciplinary
Proceedings.
(2) W.P.(C) No.37306/2022 is
dismissed.
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(3) W.P.(C) No.32298/2024 is
disposed of directing the respondents to
sanction and disburse DCRG and commuted
value of pension to the petitioner, if the
petitioner satisfies all other parameters. The
prayer for interest on DCRG and commuted
value of pension for delayed payment is
declined, in the facts and circumstances of
the case.
Sd/-
N. NAGARESH, JUDGE
aks/22.04.2025
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APPENDIX OF WP(C) 16212/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
03.05.2022 SUBMITTED BY THE PETITIONER
ALONG WITH THE COVERING LETTER.
Exhibit P2 A TRUE COPY OF THE ORDER G.O (P) NO
233/08/FIN DATED 03.06.2008 ISSUED BY
THE PRINCIPAL SECRETARY FINANCE, STATE
OF KERALA.
Exhibit P3 A TRUE COPY OF THE ORDER G.O (P) NO
4/11//FIN DATED 03.01.2011 ISSUED BY
THE PRINCIPAL SECRETARY FINANCE, STATE
OF KERALA.
Exhibit P4 A TRUE COPY OF THE LETTER DATED
12.05.2022 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE ORDER NO 6
PAUPS/MANAGER/DA/AA/2019-20 DATED
04.09.2020 ISSUED BY THE 5TH
RESPONDENT IMPOSING THE PUNISHMENT ON
THE PETITIONER.
Exhibit P6 A TRUE COPY OF THE APPEAL DATED
10.10.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
Exhibit P7 A TRUE COPY OF THE ORDER
NO.C/2267/2020 DATED 23.04.2021 ISSUED
BY THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE FLIGHT TICKET.
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APPENDIX OF WP(C) 37306/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE
APPLICATION FOR COMMUTED LEAVE
SUBMITTED BY THE 5TH RESPONDENT DATED
02-11-2019
Exhibit P2 THE TRUE PHOTOSTAT COPY OF THE
REGISTERED NOTICE ISSUED TO THE 5TH
RESPONDENT BY PETITIONER BY SEEKING
EXPLANATION DATED 28-02-2020
Exhibit P3 THE TRUE PHOTOSTAT COPY OF THE REPLY
SUBMITTED BY THE 5TH RESPONDENT DATED
07-03-2020
Exhibit P4 THE TRUE PHOTOSTAT COPY OF THE
REGISTERED NOTICE ISSUED TO THE 5TH
RESPONDENT BY PETITIONER BY SEEKING
EXPLANATION DATED 13-03-2020
Exhibit P5 THE TRUE PHOTOSTAT COPY OF THE REPLY
SUBMITTED BY THE 5TH RESPONDENT DATED
18-03-2020
Exhibit P6 THE TRUE PHOTOSTAT COPY OF THE MEMO OF
CHARGES ISSUED BY THE PETITIONER TO
THE 5TH RESPONDENT DATED 30-05-2020
Exhibit P7 THE REPLY SUBMITTED BY THE 5TH
RESPONDENT ON 05-07-2020 TO THE
EXHIBIT P6 MEMO OF CHARGES
Exhibit P8 THE TRUE PHOTOSTAT COPY OF THE SHOW
CAUSE NOTICE ISSUED TO THE 5TH
RESPONDENT BY THE PETITIONER DATED 25-
07-2020
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Exhibit P9 THE TRUE PHOTOSTAT COPY OF THE
EXPLANATION SUBMITTED BY THE 5TH
RESPONDENT DATED 20-08-2020
Exhibit P10 THE TRUE PHOTOSTAT COPY OF THE
PROCEEDINGS OF THE PETITIONER VIDE
NO.6/PAUPS/MANAGER/DA/AA/2019-20,
DATED 04-09-2020
Exhibit P11 THE TRUE PHOTOSTAT COPY OF THE ORDER
OF THE 4TH RESPONDENT VIDE ORDER
NO.C/2267/2020/ DATED 23-04-2021
Exhibit P12 THE TRUE PHOTOSTAT COPY OF THE
REVISION FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED 30-06-
Exhibit P13 THE TRUE PHOTOSTAT COPY OF THE
JUDGMENT IN W.P.(C).NO.18531 OF 2021,
DATED 10-09-2021
Exhibit P14 THE TRUE PHOTOSTAT COPY OF THE ORDER
OF THE 1ST RESPONDENT VIDE NO.
G.O(RT).NO.5251/2022/GEDN DATED 01-09-
RESPONDENTS' EXHIBITS
EXHIBIT R5(A) TRUE COPY OF THE APPEAL DATED
10.10.2020 SUBMITTED BY THE 5TH
RESPONDENT BEFORE THE 4TH RESPONDENT.
EXHIBIT R5(B) A TRUE COPY OF THE PENSION
VERIFICATION REPORT ISSUED BY THE
SENIOR ACCOUNTS OFFICER, OFFICE OF THE
ACCOUNTANT GENERAL (A&E) DATED
12.06.2024
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APPENDIX OF WP(C) 32298/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER
NO.C/2267/2020 DATED 23.04.2021 ISSUED
BY THE 4TH RESPONDENT
Exhibit P2 A TRUE COPY THE ORDER
G.O(RT).NO.5251/2022/GEDN DATED
01.09.2022, ISSUED BY THE 1ST
RESPONDENT
Exhibit P3 A TRUE COPY OF THE PENSION
VERIFICATION REPORT NO.P.R
21024237964/P-9/3/10241634671 ISSUED
BY THE SENIOR ACCOUNTS OFFICER, OFFICE
OF THE ACCOUNTANT GENERAL (A&E) DATED
12.06.2024
Exhibit P4 A TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPLY SUBMITTED BY
THE 4TH RESPONDENT AS PER LETTER
NO.AEO PNR/266/2024 DATED 21.08.2024
