Petitioner, a retired teacher, sought suspension of a school principal for alleged misconduct and investigation. The Court held that since the petitioner had retired, the complaint loses legal standing and she must pursue other remedies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942
WP(C).No.37359 OF 2018(T)
PETITIONER/S:
GIRIJA P.S., AGED 53 YEARS W/O. MURALEEDHARAN K.V., KURUVANTHODI P.O PULASSERY PALAKKAD DISTRICT676552.
BY ADVS. SRI.ABDUL JALEEL.A SMT.M.A.SULFIA SRI.M.J.PAVU SRI.K.M.ABDUL MAJEED SRI.VARUN V GOPAL SRI.P.J.SHIJO
RESPONDENT/S:
1 THE MANAGER, BROTHERS HIGHER SECONDARY SCHOOL, MAVANDIYOOR EDAYOOR NORTH P O, MALAPPURM DISTRICT-676552.
2 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, CIVIL STATION, MALAPPURAM -676552.
3 NAVAS.P.A AGED 51 YEARS,PRINCIPAL,BROTHERS HIGHER SECONDARY SCHOOL,MAVANDIYOOR,EDAYOOR NORTH P O,MALAPPURAM DISTRICT 676552
ADDL R3 IS IMPLEADED AS PER OREDER DATED 21/2/2019 IN IA 1/2019
R1 BY ADV. SRI.C.M.MOHAMMED IQUABAL R2 BY GOVERNMENT PLEADER R3 BY ADV. RAJIT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.37359 OF 2018
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JUDGMENT
The petitioner has approached this Court praying that her representation, namely Ext.P2, be taken up and decided by the Regional Deputy Director, Malappuram. The petitioner says that she has preferred Ext.P2, against the erstwhile Principal of the “Brothers Higher Secondary School”, because he misbehaved with her and used unparliamentary language to address her. She, therefore, prays that the Regional Deputy Director, be directed to suspend the Principal from service and cause an investigation into the complaint.
WP(C).No.37359 OF 2018
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stand on and if the petitioner has any subsisting grievance against the Principal of the school, she will have to invoke
other remedies, as may be available to her in law.
In the afore circumstances, this writ petition is dismissed.
Sd/DEVAN RAMACHANDRAN JUDGE
VPK
WP(C).No.37359 OF 2018
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APPENDIX OF WP(C) 37359/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATE 30/06/2018.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 30/06/2018 FILED BEFORE THE 2ND RESPONDENT.Q
EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 1/11/2017 EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED 21/11/2017 OBTAINED BY WAY OF RIGHT TO INFORMATION ACT
EXHIBIT P5 THE TRUE COPY OF THE APPEAL DATED 24/10/2018
EXHIBIT P6 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE JOINT DIRECTOR, HIGHER SECONDARY DEPARTMENT, THIRUVANANTHAPURAM
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(A) TRUE COPY ORDER NO.F/11804/2017/RDD/HSE DATED 12.02.2018.
EXHIBIT R2(B)
TRUE COPY OF THE LETTER NO.F/8170/18/RDD/HSE/MLPM DATED 16.01.2019.
2 issues framed by the court
Whether a writ petition seeking suspension of a principal on a complaint is maintainable when the petitioner has already retired from service.
Whether the representation preferred by the petitioner retains any legal force for a retired employee.
Giriya P.S.
The Manager, Brothers Higher Secondary School, Mavandyoor
The Regional Deputy Director, Higher Secondary Education Department
Navas.P.A
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
