Allowed

P.R.Prasannakumari v. the Manager, S.N.V.U.P School

Kerala HC2 Mar 2021RP/490/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the review petition filed by the 5th respondent in the underlying writ petition. The court recalled the previous judgment that permitted disciplinary proceedings due to a conflict with a stay order in pending W.P.(C) No. 8218 of 2015. The matter was remanded for further orders.

What did the court decide?

The judgment dated 01.10.2019 was recalled and a direction was issued to the registry to post the writ petitions for further orders.

P.R.Prasannakumari Vs the Manager, S.N.V.U.P… — Pension and Retirement Benefits | Kerala HC (2021)

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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 SHAJI P.CHALY

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TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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RP.No.490 OF 2020 IN WP(C). 5152/2015

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JUDGMENT DATED 01.10.2019 IN WP(C) 5152/2015(T) OF HIGH COURT OF KERALA

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REVIEW PETITIONER/PETITIONER IN W.P.(C):

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P.R.PRASANNAKUMARI

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AGED 53 YEARS W/O SAJI, P.N, HEADMISTRESS S.N.V.U.P SCHOOL, SELLIAMPARA, IDUKKI DISTRICT-685 563, RESIDING AT PUTHENPARAMBIL HOUSE, MANNAMKANDAM P.O.1000 ACRE, IDUKKI-685 562. BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.N.R.REESHA SMT.T.S.LIKHITHA

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RESPONDENTS/RESPONDENTS IN THE W.P.(C):

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1 THE MANAGER, S.N.V.U.P SCHOOL SELLIAMPARA, IDUKKI DISTRICT-685 563.

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

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3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,THIRUVANANTHAPURAM-695 014.

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4 THE ASSISTANT EDUCATION OFFICER, ADIMALY, IDUKKI DISTRICT-685 561.

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5 SMT. P.S.KUTTIYAMMA, ASSISTANT EDUCATIONAL OFFICER, ADIMALY, IDUKKI DISTRICT-685 561.

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R1 - SRI.V.A.MUHAMMED

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R2 TO 4 - SRI.SURIN GEORGE IPE,SENIOR SR. GOVERNMENT PLEADER

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P. No. 490/2020 in W.P.(C) No. 5152/2015

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: 2 :

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Dated this the 2^nd day of March, 2021.

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ORDER

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This Review Petition is filed by the 5^th respondent in the W.P.(C) No. 5152 of 2015 to review the judgment dated 01.10.2019. The writ petition was disposed of by this Court by issuing the following directions:

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“3. Having heard learned counsel for petitioner, learned Government Pleader and learned counsel appearing for 5th respondent, I am of the considered opinion that, the Manager can be permitted to finalise the enquiry proceedings against the 5th respondent at the earliest possible time and at any rate within three months from the date of receipt of a copy of this judgment, after providing sufficient opportunity of participation to the 5 th respondent or any other interested persons. Accordingly I do so. Till such time, Ext.P7 order passed by the Deputy Director of Education will continue to be in force.”

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This Review Petition is filed basically contending that the directions issued by this Court in the judgment will contradict the pending proceeding before this Court in W.P.(C) No. 8218 of 2015 filed

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by the Review Petitioner, in which a stay of disciplinary proceedings is granted, as per Annexure A10 order dated 17.03.2015.

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Now, going by the directions issued, there is no doubt in my

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R.P. No. 490/2020 : 3 : in W.P.(C) No. 5152/2015

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mind that the directions issued is contrary to the pending proceedings before this Court in W.P.(C) No. 8218 of 2015. It is curious to note that neither the writ petitioner i.e., the Manager, S.N.V.U.P. School nor the Review Petitioner, who is the 5^th respondent in the writ petition has brought the said fact to my notice, which only persuaded me to issue the directions extracted above.

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In that view of the matter, this Review Petition would stand allowed and the judgment dated 01.10.2019 in W.P.(C) No. 5152 of 2015 is recalled. There will be a direction to the registry to post the writ petition also along with W.P.(C) No. 8218 of 2015 after securing necessary orders from the Hon'ble the Chief Justice, if required.

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sd/- SHAJI P. CHALY, JUDGE.

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R.P. No. 490/2020 in W.P.(C) No. 5152/2015

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: 4 :

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY SMT, SUJA MADHAVAN DATED 17.4.2012 BEFORE THE REVIEW PETITIONER AS HEADMISTRESS OF THE SCHOOL. ANNEXURE A2 TRUE COPY OF THE MINUTES OF THE MEETING OF THE STAFF COUNCIL DATED 20.4.2012. ANNEXURE A3 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE DEPUTY SUPDT. OF POLICE DATED 7.6.2013. ANNEXURE A4 TRUE COPY OF THE COMPLAINT FILED BY SMT. SENA R BEFORE THE HON'BLE MINISTER FOR EDUCATION DATED 225.5.2013. ANNEXURE A5 TRUE COPY OF THE SUSPENSION ORDER DATED 15.11.2011 ISSUED BY THE 1ST RESPONDENT MANAGER HEREIN TO THE REVIEW PETITIONER.

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ANNEXURE A6 TRUE COPY OF THE ORDER DATED 9.1.2012 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT MANAGER. ANNEXURE A7 TRUE COPY OF THE INTERIM 0RDER DATED 5.9.2013 IN WPC 19026/2013 OF THIS HON'BLE COURT.

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ANNEXURE A8 TRUE COPY OF THE GOVT. ORDER GO(RT) NO 5294/2013/G.EDN DATED 6.12.2013.

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ANNEXURE A9 TRUE COPY OF THE GOVT. ORDER GO(RT) NO 1491/2014/PED DATED 31.3.2014. ANNEXURE A10 TRUE COPY OF THE INTERIM ORDER DATED 17.3.2015 IN WPC 8218/2015 OF THIS HON'BLE COURT. ANNEXURE A11 TRUE COPY OF THE ORDER SHOW CAUSE NOTICE NO. EB-2/2013 DATED 12.3.2020 ISSUED BY THE 1ST RESPONDENT TO THE REVIEW PETITIONER.

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RESPONDENTS' EXHIBITS: NIL

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R.P. No. 490/2020 : 5 : in W.P.(C) No. 5152/2015

P.R.Prasannakumari v. the Manager, S.N.V.U.P School

Case brief

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P.R.Prasannakumari v. the Manager, S.N.V.U.P School

Case brief

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