Disposed

The Manager, Sn Trust Schools Kollam v. State of Kerala

Kerala HC6 Dec 2012WP(C)/15407/2012

Case brief

AI extract

What is this about?

Writ petitioner challenged orders suspending the fourth respondent and direct reinstatement. The Court identified that the revision petition before the first respondent regarding the suspension was pending. Instead of deciding on merits immediately, the Court directed the first respondent to finally dispose of the revision petition with an opportunity of hearing within three months.

What did the court decide?

First respondent directed to finalize pending revision petition (Exts P10 & P10a) with hearing to all parties within three months.

The Manager, Sn Trust Schools Kollam Vs State of Kerala — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934

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WP(C).No. 15407 of 2012 (A)

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PETITIONER(S) :

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THE MANAGER, SN TRUST SCHOOLS, KOLLAM

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BY ADVS.SRI.A.N.RAJAN BABU

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SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL

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RESPONDENT(S) :

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM,

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PIN - 695 001.

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2. THE SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PIN - 686 0

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4. BINDU N.RAJAN H.S.A(PS) (UNDER ORDERS OF SUSPENSION) VHSS MEZHUVELI, VELIYAKALYIL AKSHAYA, MEZHUVELI P.O., PATHANAMTHITTA, PIN - 689 507.

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R1 TO R3 BY SMT.K.T.LILLY, GOVERNMENT PLEADER R4 BY ADV. SRI.V.A.MUHAMMED R4 BY ADV. SRI.K.E.HAMZA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AMV

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WP(C).No. 15407 of 2012 (A)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P-1	COPY OF LETTER NO.SNT/80/2008 DATED 26.6.2008 SENT BY THE PETITIONER TO THE HEADMISTRESS.
EXT.P-2	COPY OF LETTER NO.22/08-09 DATED 14.7.2008 SENT BY THE HEADMISTRESS TO THE PETITIONER.
EXT.P-3	COPY OF THE MEMO NO.SNT/80/08 DATED 17.10.2008 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT.
EXT.P-4	COPY OF THE ORDER NO.B6/9332/08/K DIS DATED 2.1.2009 ISSUED BY THE 3RD RESPONDENT.
EXT.P-5	COPY OF THE MEMO OF CHARGES NO.SNT/83/2008 DATED 23.11.2011 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT.
EXT.P-6	COPY OF THE LETTER NO.SNT/80/2008 DATED 23.8.2011 SENT BY THE PETITIONER TO THE 4TH RESPONDENT.
EXT.P-7	COPY OF THE ORDER NO.SNT/80/2008 DATED 1.6.2012 ISSUED BY THE PETITIONER.
EXT.P-8	COPY OF ORDER NO.3814/A3/2012/GL.EDN DATED 2.6.2012 ISSUED BY THE 2ND RESPONDENT.
EXT.P-9	COPY OF THE ORDER NO.B6/6600/2011 DATED 16.6.2012 ISSUED BY THE 3RD RESPONDENT.
EXT.P-10	COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.6.2012.
EXT.P10(a)	COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.6.2012.
RESPONDEN	TS' EXHIBITS :
R4 (A) :	COPY OF THE LEAVE APPLICATION DATED 29.022008
R4 (B) :	COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.30922 OF 2008-F DATED 21.10.2008.
R4 (C) :	COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 04.02.2009
R4 (D) :	COPY OF THE LETTER ADDRESSED TO THE HEADMISTRESS OF THE SCHOOL DATED 03.04.2012.

/TRUE COPY/

P.A.TO JUDGE

AMV

P.R.RAMACHANDRA MENON, J.

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W.P.(C) NO. 15407 of 2012 (A)

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Dated this the 6^th day of December, 2012

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JUDGMENT

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The petitioner/Manager of the school has approached this Court

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with the following prayers :

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i) to call for records leading upto Ext P. 9. ii) to issue a writ of certiorari or any other writs, directions or orders quashing Exts P. 8 & 9 P issued by respondents 2 and 3. iii) to declare that there are valid grounds to keep the 4 th respondent under suspension beyond 15 days. iv) to grant such other relief as this Honourable court deems fit to grant in the case.

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The Manager took disciplinary action against the 4^th respondent, leading to Ext.P7 Order of Suspension. On bringing the matter before the third respondent, Ext.P9 order came to be passed on 16.06.2012, whereby the 4^th respondent was directed to be reinstated without prejudice to the on going disciplinary proceedings. This made the petitioner/Manager to file Ext.P10 revision petition before the first respondent, along with Ext.P10(a) Interlocutory Application for stay. It was thereafter, that the Manager chose to approach this Court by filing the above writ petition, wherein an

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W.P.(C) NO. 15407 of 2012 (A)

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interim order of stay was granted on 04.07.2012.

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Heard the learned Government Pleader as well.

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After hearing both the sides and also considering the fact

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that the issue is pending consideration before the first respondent at the instance of the petitioner; vide Ext.P10, this Court finds it fit and proper to cause the said matter to be considered and disposed of by the first respondent at the first instance, before entertaining the merits of the case at the hands of this Court. Accordingly, the first respondent is directed to finalise Ext.P10 passing appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner and also to the 4^th respondent; which shall be done at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.

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The writ petition is disposed of.

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Sd/-

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P.R.RAMACHANDRA MENON, JUDGE

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AMV

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W.P.(C) NO. 15407 of 2012 (A)

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The Manager, Sn Trust Schools Kollam v. State of Kerala

Case brief

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The Manager, Sn Trust Schools Kollam v. State of Kerala

Case brief

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