Allowed

Rasheedha Beegum K.M v. State of Kerala

Kerala HC19 Dec 2018WP(C)/4246/2018

Case brief

AI extract

What is this about?

Single judge order allowing the petition. Court held that the petitioner, a headmistress seeking reinstatement, shall be reinstated in service forthwith despite the manager having challenged a similar order in a pending writ petition which was subsequently modified by an interim order.

What did the court decide?

Petitioner shall be reinstated in service forthwith. Writ petition disposed.

Rasheedha Beegum K.M Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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WP(C).No. 4246 of 2018

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PETITIONER:

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RASHEEDHA BEEGUM K.M AGED 52 YEARS

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HEADMISTRESS (UNDER SUSPENSION), CALICUT GIRLS VOCATIONAL AND HIGHER SECONDARY SCHOOL, KUNDUNGAL, P.O, KALLAI, KOZHIKODE DISTRICT - 673 003.

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BY ADVS.

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SRI.R.K.MURALEEDHARAN SMT. ATHIRA A MENON

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RESPONDENTS:

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

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2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHI, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, KOZHIKODE DISTRICT - 673 001.

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4 THE DISTRICT EDUCATIONAL OFFICER KOZHIKODE, KOZHIKODE DISTRICT - 673 001.

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5 THE MANAGER

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CALICUT GIRLS VOCATIONAL AND HIGHER SECONDARY SCHOOL,KUNDUNGAL, P.O, KALLAI, KOZHIKODE DISTRICT - 673 003.

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6 K RUFSANA

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WP(C).No. 4246 of 2018

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HSA(SOCIAL SCIENCE), CALICUT GIRLS VOCATIONAL AND HIGHER SECONDARY SCHOOL,KUNDUNGAL, P.O, KALLAI, KOZHIKODE DISTRICT - 673 003.

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7 MAJITHA T.K HSA(ARABIC),CALICUT GIRLS VOCATIONAL AND HIGHER SECONDARY SCHOOL,KUNDUNGAL, P.O, KALLAI, KOZHIKODE DISTRICT - 673 003.

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BY ADVS. SRI.J.G.SYAMNATH SRI.P.NANDAKUMAR SRI.V.A.MUHAMMED

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4246 of 2018

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JUDGMENT

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This Writ Petition is filed by Head Teacher of a

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aided school seeking implementation of the order passed by the Director of Public Instructions to

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reinstate her. This order was not implemented for the reason that the manager had challenged the order of the

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Director of Public Instructions before this Court in W.P.(C)No.2439/2018. The manager had approached the Government against the order of the Deputy Director of

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Education refusing to sanction prior approval for imposing of penalty of removal from the service. The Government appears to have considered the matter and on noting that the writ petitions are pending before this Court, rejected the request.

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This Court, in fact, have passed an interim order in W.P.(C)No. 2439/2018 on 23.01.2018, staying

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further proceedings based on the order passed by the Director of Public Instructions. Today, by a

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separate interim order passed in that matter, that

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WP(C).No. 4246 of 2018

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order was modified.

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In the light of above, the petitioner shall be

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reinstated in the service forthwith.

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The writ petition is disposed as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/19.12.2018

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WP(C).No. 4246 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE REPORT SUBMITTED BY THE PETITIONER TO THE MANAGER/5TH RESPONDENT.
EXHIBIT P2	A TRUE COPY OF THE COMMUNICATION FROM THE 5TH RESPONDENT DATED 22.03.2017 ALONG WITH THE COMPLAINT BY THE 6TH RESPONDENT DATED 24.02.2017.
EXHIBIT P3	A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 29.03.2017 EXCLUDING THE ENCLOSURES.
EXHIBIT P4	A TRUE COPY OF THE COMMUNICATION BY THE PETITIONER TO 3RD RESPONDENT DATED 15.03.2017.
EXHIBIT P4(A)	A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE CHEMMANGAD POLICE STATION DATED 09.05.2017.
EXHIBIT P5	A TRUE COPY OF THE LETTER BY THE 5TH RESPONDENT TO 3RD RESPONDENT DATED 15.03.2017.
EXHIBIT P6	A TRUE COPY OF THE ORDER OF SUSPENSION OF THE PETITIONER DATED 15.05.2017.
EXHIBIT P7	A TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 25.06.2017.
EXHIBIT P8	A TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 30.08.2017.
EXHIBIT P9	A TRUE COPY OF THE LETTER DATED 14.09.2017 ALONG WITH THE CERTIFICATE ISSUED BY THE DEPARTMENT OF ONCOLOGY.
EXHIBIT P10	A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 03.10.2017.
EXHIBIT P11	A TRUE COPY OF THE RELEVANT PAGE OF CIRCULAR NO.H1 70845/2000 DATED 19.08.2000.
EXHIBIT P12	A TRUE COPY OF THE HANDWRITTEN

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WP(C).No. 4246 of 2018

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COMMUNICATION BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT/MANAGER 17.07.2017.

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EXHIBIT P13	A TRUE COPY OF THE SHOWCAUSE NOTICE DATED 20.11.2017.
EXHIBIT P13(A)	A TRUE COPY OF THE ENQUIRY REPORT.
EXHIBIT P14	A TRUE COPY OF THE COMMUNICATION DATED 02.01.2018.
EXHIBIT P15	A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 20.01.2018.
EXHIBIT P16	A TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 22.01.2018 IMPOSING THE PUNISHMENT OF REMOVAL FROM SERVICE.
EXHIBIT P17	A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 17.01.2018.
EXHIBIT P18	A TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO THE 5TH RESPONDENT DATED 20.01.2018.
EXHIBIT P19	A TRUE COPY OF THE REPORT OF THE FINANCE INSPECTION SQUAD DATED 01.01.2018 WITH COVERING LETTER.
EXHIBIT P20	A TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 24.01.2018..
EXHIBIT P21	A TRUE COPY OF THE COMMUNICATION FROM THE 4TH RESPONDENT DATED 06.10.2016.
EXHIBIT P22	A TRUE COPY OF THE ORDER DATED 17.3.2018 ISSUED BY THE 3RD RESPONDENT OBTAINED UNDER THE RTI
EXHIBIT P23	A TRUE COPY OF THE ORDER DATED 17.3.2018 ISSUED BY THE 3RD RESPONDENT OBTAINED UNDER THE RTI

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RESPONDENT	'S/S	EXHIBITS:
EXHIBIT R1		NIL
EXHIBIT R2		NIL

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WP(C).No. 4246 of 2018

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EXHIBIT R3 NIL EXHIBIT R4 NIL EXHIBIT R5 A TRUE COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXHIBIT R5 B TRUE COPY OF LETTER DATED 2.2.2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT R5 C TRUE COPY OF POSTAL RECEIPT OF COMMUNICATION OF EXHIBIT P15 EXHIBIT R5 D TRUE COPY OF POSTAL RECEIPT OF COMMUNICATION OF EXHIBIT P16 EXHIBIT R5 E TRUE COPY OF THE ENQUIRY REPORT OF THE 4TH RESPONDENT ALONG WITH COVERING LETTER DATED 24.2.2018 EXHIBIT R5 F TRUE COPY OF PROCEEDING DATED 14.8.2017 ISSUED BY THE 5TH RESPONDENT

Rasheedha Beegum K.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rasheedha Beegum K.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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