The High Court of Kerala allowed an Upper Primary School Teacher to rejoin duty notwithstanding a Head Master's order impeding her, subject to her filing a revision under Rule 92 of the Kerala Government Corrective Procedure Rules.
Granted liberty to the petitioner to rejoin duty and move a revision before the Government within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
WP(C).No.28389 OF 2020(W)
PETITIONER:
P.SUSHAMADEVI AGED 49 YEARS W/O.BIJU, U.P.S.T. THAZHUTHALA MUSLIM U.P.SCHOOL, KOTTIYAM P.O.,KOLLAM-691 571, RESIDING AT DEVAYANAM, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM-691 504
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
6 THE MANAGER, THAZHUTHALA MUSLIM U.P.S., KOTTIYAM P.O., KOLLAM-691 571
R1 TO R4 BY SMT. NISHA BOSE, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28389 OF 2020(W)
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JUDGMENT
Dated this the 18th day of December 2020
The petitioner, who is stated to be working as an Upper Primary School Teacher (U.P.S.T) in the Thazhuthala Muslim U.P. School, Kottiyam, Kollam – managed by the 6th respondent Manager – has approached this Court impugning Ext.P6 proceedings of the Head Master of the school, directing her to submit leave application from 27.03.2020 and for a consequential direction to allow her to join duty. The petitioner says that, going by Exts.P7 an d P8 , the Head Master could not have issued Ext.P6. and therefore, that the said proceedings are liable to be set aside by this Court.
WP(C).No.28389 OF 2020(W)
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Exts.P7 and P8 are intended to the benefit of teachers during the COVID – 19 pandemic disruption, but prayed that this Court may not make any affirmative declaration in favour of the petitioner and leave it to the Competent Secretary to decide, if she approaches him with a proper Revision.
Pleader as afore, Sri. B Mohan Lal submitted that his client is willing to approach the Government with a proper Revision, but prayed that she may be allowed to rejoin the school in the meanwhile.
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WP(C).No.28389 OF 2020(W)
exercise, the Competent Secretary of the Government will also advert to Exts.P7 and P8 and grant benefit to the petitioner, if she is otherwise eligible, in terms of law.
Since I have already granted liberty to the petitioner to approach the Government as afore, I also deem it apposite to allow her to join duty de hors Ext.P6, subject to the decision to be taken by the Government, in terms of my directions afore. The respondents 5 and 6 are, therefore, directed to permit the petitioner to rejoin duty in the school which, however, will be subject to the order to be issued by the Government, as per this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
DK
WP(C).No.28389 OF 2020(W)
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APPENDIX
| PETITIO | NER'S EXHIBITS: | |
|---|---|---|
| EXHIBIT | P1 THE TRUE COPY OF THE SERVICE BOOK |
THE RELEVANT PAGES OF OF THE PETITIONER |
| EXHIBIT | P2 THE TRUE COPY OF OF THE PETITIONER INSTITUTE OF MEDI RESEARCH CENTRE, |
THE DISCHARGE SUMMARY OBTAINED FORM AMRITHA CAL SCIENCES AND KOCHI DT.14.04.2018. |
| EXHIBIT | P3 THE TRUE COPY OF DATED 08.01.2020 RESPONDENT |
THE ORDER NO.07/2020 ISSUED BY THE 5TH |
| EXHIBIT | P4 THE TRUE COPY OF DATED 26.05.2020 RESPONDENTS 1 AND THROUGH THE 5TH R |
THE NOTICE NO.28/2020 ISSUED BY THE 2 TO THE PETITIONER ESPONDENT |
| EXHIBIT | P5 THE TRUE COPY OF 08.06.2020 SUBMIT AGAINST EXT.P4 TO |
THE REPLY DATED TED BY THE PETITIONER THE 5TH RESPONDENT |
| EXHIBIT | P6 THE TRUE COPY OF 12.10.2020 ISSUED TO THE PETITIONER |
THE ORDER DATED BY THE 5TH RESPONDENT |
| EXHIBIT | P7 THE TRUE COPY OF NO.1402/2020 /GED ISSUED BY THE GOV |
THE GO (RT) N DATED 24.03.2020 ERNMENT |
| EXHIBIT | P8 THE TRUE COPY OF NO.85124/R4/79/FI ISSUED BY THE GOV |
THE LETTER N DATED 04.02.1980 ERNMENT |
| EXHIBIT | P9 THE TRUE COPY OF NO.J1/289/2019/G. ISSUED BY THE GOV |
THE CIRCULAR EDN DATED 28.09.2020 ERNMENT |
| RESPOND | ENTS' EXHIBITS: NIL |
2 issues framed by the court
Whether the petitioner can be allowed to rejoin duty while the writ petition is pending before the Government via revision?
Whether the petitioner should be granted liberty to approach the Government for relief even without an immediate favorable declaration?
1 provisions across 1 enactments
P.SUSHAMADEVI
STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION
THE ASSISTANT EDUCATIONAL OFFICER
THE HEADMASTER
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
