Disposed

Manager, S.N.V.U.P.S. v. State of Kerala

Kerala HC18 Dec 2012WP(C)/17755/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a school manager challenging a disciplinary order. It directed the Director of Public Instruction to consider an appeal filed by the manager, allow the time for pursuing administrative remedies, and pass appropriate orders within two months after hearing the parties.

What did the court decide?

The Director of Public Instruction is directed to consider the appeal petition, give an opportunity of hearing, and pass appropriate orders within two months.

Manager, S.N.V.U.P.S. Vs State of Kerala — Pension and Retirement Benefits | 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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TUESDAY, THE 18TH DAY OF DECEMBER 2012/27TH AGRAHAYANA 1934

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WP(C).No. 17755 of 2012 (T)

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PETITIONER(S):

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THE MANAGER, S.N.V.U.P.SCHOOL, THALIKULAM, THRISSUR-680569.

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BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM)

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SRI.K.R.GANESH

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT

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GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT EDUCATIONAL OFFICER VALAPPAD, THRISSUR DISTRICT-680 564.

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3. THE HEADMISTRESS S.N.V.U.P. SCHOOL, THALIKULAM, THRISSUR-680 569.

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4. SMT. V.I. SUSHAJA, LPSA, S.N.V.U.P. SCHOOL, THALIKULAM THRISSUR-680 569.

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ADDITIONAL 5TH RESPONDENT IMPLEADED:

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*ADDL.5. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM

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**[ADDITIONAL 5TH RESPONDENT IMPLEADED AS PER ORDER IN I.A. NO.16799/2012 DATED 18.12.2012].*

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R1 & R2 BY GOVERNMENT PLEADER SMT. K.T. LILLY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17755 of 2012 (T)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1 COPY OF THE MEMO DATED 13-2-2012 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P2 COPY OF THE MEMO DATED 15-2-12 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P3 COPY OF THE REPLY DATED 24-2-12 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P4 COPY OF REPORT DATED 27-2-12 SUBMITTED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5 COPY OF THE MEMO OF CHARGES DATED 5-3-12 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT EXT.P6 COPY OF THE REPLY DATED 14-3-12 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE PETITIONER. EXT.P7 COPY OF LETTER DATED 20-3-12 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P8 COPY OF ORDER NO. 123/2011-12 DATED 4-4-12 ISSUED BY THE PETITIONER. EXT.P9 COPY OF ORDER NO. G/1603/12 DATED 15-6-12. EXT.P10 COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P11 COPY OF APPEAL PETITION SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM WITHOUT EXHIBITS

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RESPONDENTS' EXHIBITS : NIL

//True copy//

P.A. TO JUDGE

Shg/

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 17755 OF 2012

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Dated this the 18^th day of December , 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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“i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to consider and pass order on Ext.P10 revision petition forthwith;

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ii) Issue a writ of certiorari or other appropriate writ, order or direction, calling for the records leading to Ext.P9 and quash the same;

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iii) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and

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iv) Award costs of this petition.”

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When the matter came up for consideration before this Court on 30/07/2012, the following order was passed :

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“ The petitioner is the manager of an aided school. Petitioner initiated disciplinary proceedings

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W.P.(C)No.17755/2012

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against the fourth respondent who is a L.P.School assistant in the petitioner's school, and imposed on the fourth respondent a punishment which was set aside by the DEO by Ext.P9 order. Although the petitioner has filed Ext.P10 revision before the Government, now he seeks time to move a revision before the DPI and then to move the writ petition for disposal of that revision.

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Post when moved again.”

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In the above circumstance, the petitioner approached the Director of Public Instruction by filing an appeal petition, a copy of which has been produced as Ext.P11 along with I.A.No.16800/2012. The DPI has been sought to be impleaded by filing I.A.No.16799/2012, which stands allowed as on this date and the learned Government Pleader has entered appearance on behalf of the said respondent as well. The learned counsel for the petitioner submits that, the petitioner would like to pursue the matter before the DPI.

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In the said circumstance, the writ petition is disposed of, directing the additional 5^th respondent to consider Ext.P11 and pass appropriate orders thereon in accordance with law after giving an

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W.P.(C)No.17755/2012

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opportunity of hearing to the petitioner and all concerned, at the earliest at any rate within two months from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of this judgment along with a copy of the writ petition and also I.A.No.16800/2012 before the additional fifth respondent for further steps.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.17755/2012 4

Manager, S.N.V.U.P.S. v. State of Kerala

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Manager, S.N.V.U.P.S. v. State of Kerala

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