The High Court of Kerala directed the Manager to reinstate a suspended teacher forthwith, noting no valid orders permitted continued suspension, subject to future competent authority orders.
Direction to the Manager to reinstate the petitioner forthwith, subject to any further orders by the competent authority.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940
WP(C).No. 11543 of 2018
PETITIONER/S:
K.S.JAYARANI
AGED 46 YEARS, D/O P. KESAVAN NAIR, NON-VOCATIONAL TEACHER IN BIOLOGY(UNDER SUSPENSION) S.N.V.V HIGHER SECONDARY SCHOOL,ALOOR PO, ALOOR (VIA) KALLETTUMKARA, THRISSUR-680683(HOUSE NO.21, SAMABHAVANA NAGAR, IRRIGATION QUARTERS ROAD,P.O CHALAKUDY, THRISSUR680307)
BY ADV. SRI. V.A. MUHAMMED SRI. V. RAJASEKHARAN NAIR
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM.695001.
2 THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION SANTHI NAGAR, THIRUVANANTHAPURAM.695001.
3 THE ASSISTANT DIRECTOR REGIONAL OFFICE, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, THRISSUR-680003.
4 THE MANAGER
5 THE PRINCIPAL S.N.V.V. HIGHER SECONDARY SCHOOL, ALOOR ,P.O ALOOR, (VIA) KALLETTUMKARA, THRISSUR-680683.
BY ADV. SRI.K.ANAND BY SR.G.P.SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
A. MUHAMED MUSTAQUE, J.
W.P.(C).No.11543 of 2018
Dated this the 5th day of September, 2018.
JUDGMENT
The petitioner was initially suspended by the Manager. The period of suspension was not extended. There was an order dated 20.4.2018 by the 2nd respondent, Director of Vocational Higher Secondary Education to reinstate the petitioner. The petitioner approached this Court seeking a direction to the Manager to reinstate her in service forthwith.
In view of the fact that there are no orders permitting the petitioner to continue under suspension, the Manager shall reinstate the petitioner forthwith. This will be subject to any orders to be passed further in the matter by the competent authority.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
cl
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W.P.(C.) No.11543/2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR LEAVE OF THE PETITIONER DATED 02.10.2017. EXHIBIT P2 TRUE COPY OF THE ORDER NO.C/187/2017 DATED 06.11.2017 OF THE MANAGER. EXHIBIT P3 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.12.2017. EXHIBIT P4 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE DIRECTOR DATED 22.12.2017. EXHIBIT P5 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 15.01.2018. EXHIBIT P6 TRUE COPY OF THE LETTER NO.E3/1597/2016 OF THE 3RD RESPONDENT DATED 15.01.2018. EXHIBIT P7 TRUE COPY OF THE HEARING NOTE (SHOWN AS REPRESENTATION) SUBMITTED BEFORE THE 3RD RESPONDENT DATED 22.01.2018 (WITHOUT ANNEXURES). EXHIBIT P8 TRUE COPY OF THE INQUIRY REPORT. EXHIBIT P9 TRUE COPY OF THE ORDER NO.E3/8877/16 DATED 12.03.2018 OF THE DIRECTOR. EXHIBIT P10 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 21.03.2018 ADDRESSED TO THE PRINCIPAL ALONG WITH UNDERTAKING AND MEDICAL CERTIFICATE DATED 17.03.2018. EXHIBIT P11 TRUE COPY OF THE LETTER DATED 26.03.2018 OF THE PETITIONER. EXHIBIT P12 TRUE COPY OF THE ORDER NO.D3/8877/2016 OF THE DIRECTOR DATED 27.03.2018.
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W.P.(C.) No.11543/2018
/true copy/ P.S TO JUDGE
1 issue framed by the court
Whether the petitioner be reinstated in service forthwith given the absence of orders permitting suspension.
K.S.JAYARANI
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT
THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION
THE ASSISTANT DIRECTOR REGIONAL OFFICE, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT
THE MANAGER S.N.V.V HIGHER SECONDARY SCHOOL
THE PRINCIPAL S.N.V.V. HIGHER SECONDARY SCHOOL
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
