Disposed

The Manager v. State of Kerala

Kerala HC1 Dec 2021WA/1582/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ appeal, directing the State Government to consider and pass orders on the pending revision petition within six weeks. The court clarified that the mandatory reinstatement was effective and further proceedings against the manager were stayed.

What did the court decide?

Directed the State Government to dispose of the pending revision petition within six weeks and stayed further proceedings against the school management.

The Manager Vs State of Kerala — Education and Admissions | 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 A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 1^ST DAY OF DECEMBER 2021/10TH AGRAHAYANA, 1943

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W.A NO.1582 OF 2021

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AGAINST THE JUDGMENT DATED 19.11.2021 IN W.P(C).NO.25921/2021 OF HIGH COURT OF KERALA

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

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THE MANAGER AYLARA U.P. SCHOOL, AYLARA P.O., ANCHAL, KOLLAM-691312, REPRESENTED BY THE CORRESPONDENT M.A. SATHAR, RAGI MANZIL, VATTATHAMARA P.O., KADAKKAL, KOLLAM-691536.

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BY ADVS.SRI.B.MOHANLAL SRI.SHINE N.S

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

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION THEVALLY P.O., KOLLAM-691009.

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4 THE DISTRICT EDUCATIONAL OFFICER, PUNALUR P.O., KOLLAM-691305.

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5 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL P.O., KOLLAM-691306.

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W.A.No.1582/2021 :: 2 ::

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6 C.T. SREELATHA, L.P.S.A. AYIARA UP SCHOOL, (UNDER SUSPENSION), AYIARA P.O., ANCHAL, KOLLAM-691312.

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BY SRI.A.J.VARGHESE, SR. GOVT. PLEADER BY ADV.SRI.VINOD MADHAVAN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1582/2021 :: 3 ::

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J U D G M E N T

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A.K. Jayasankaran Nambiar, J.

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The Manager of the Aylara U.P. School, Aylara, Anchal, Kollam, who was the petitioner in W.P.(C).No.25921/2021, is the appellant before us aggrieved by the judgment dated 19.11.2021 of the learned Single Judge. The appellant had impugned Ext.P19 order, whereby, directions were issued in terms of Rule 67(8) of Chapter XIV(A) of the Kerala Education Rules [KER] to reinstate the 6^th respondent teacher, against whom disciplinary proceedings had been initiated by the Manager. In the writ petition, it was the case of the appellant Manager that against Ext.P17 order, he had preferred Ext.P18 revision petition before the Government, and it was necessary, in the interests of justice, that expeditious orders be passed in the Revision Petition pending before the Government. The learned Single Judge, while disposing the writ petition, by directing the Government to consider and pass orders on Ext.P18 revision petition within a period of two months after hearing the

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W.A.No.1582/2021 :: 4 ::

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appellant and the 6^th respondent, refused to issue any direction staying the reinstatement of the 6^th respondent. It is aggrieved by the said judgment of the learned Single Judge, to the extent it refused to direct a stay of the reinstatement pending disposal of the revision petition by the Government, that the appellant Manager is before us in this Writ Appeal.

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When the matter came up for admission, we pointed out to the learned counsel for the appellant that the reinstatement of a teacher, against whom disciplinary proceedings had been initiated, in the absence of any specific order extending the period of suspension beyond the initial period of 15 days, was a mandatory requirement under Rule 67(8) of Chapter XIV(A) KER, and hence, the mere filing of a revision petition against an order of the District Educational Officer, refusing to extend the period of suspension, could not result in an automatic stay of the reinstatement pending disposal of the revision. Taking cue from our observations, the appellant has today produced an order dated 30.11.2021 issued by the correspondent of the School indicating that the 6^th respondent had since been reinstated in service. All that remains now, therefore, is to dispose the Writ Appeal by directing the 1^st respondent State Government, before whom the revision petition

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W.A.No.1582/2021 :: 5 ::

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preferred by the Manager is pending, to consider and pass orders on the same expeditiously, after hearing the appellant and the 6^th respondent. The Writ Appeal is therefore disposed, by directing the State Government to dispose the revision petition within an outer time limit of six weeks from the date of receipt of a copy of this judgment, after hearing the appellant and the 6^th respondent. We make it clear that in view of the order dated 30.11.2021 passed by the correspondent reinstating the 6^th respondent as teacher in service, further proceedings, pursuant to Ext.P19, shall not be pursued against the management of the school pending disposal of the revision petition by the Government.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/MOHAMMED NIAS C.P. JUDGE

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prp/1/12/21

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W.A.No.1582/2021 :: 6 ::

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The last sentence in the Judgment dated 01-12-2021 in W.A.No.1582/2021, is corrected as :

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“We make it clear that in view of the Order dated 30-11-2021 passed by the correspondent reinstating the 6^th respondent as 'Senior Assistant – in – charge', further proceedings, pursuant to Ext.P19 shall not be pursued against the management of the school pending disposal of the revision petition by the Government.” as per Order dated 21-12-2021 in I.A.No.1/2021 in W.A.No.1582/2021.

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Sd/- Deputy Registrar

The Manager v. State of Kerala

Case brief

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The Manager v. State of Kerala

Case brief

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