The Court disposed of a writ petition challenging a disciplinary order against a school headmistress. It directed the respondents to consider petitioners' new exhibits and granted a stay on the impugned order.
Directing respondents to consider exhibits P14 and P15 after hearing; staying the operation of exhibit P12.
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 P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945
WP(C) NO. 12359 OF 2022
PETITIONER:
RENUKA.K AGED 52 YEARS WIFE OF ASOKUMAR, HEADMISTRESS, AIDED LOWER PRIMARY SCHOOL, VEEROLIPADAM, MANALITHARA, VADAKKANCHERRY680589 -TRISSUR DISTRICT (RESIDING AT KODATH, THANIKUDAM, KURICHIKARA, THRISSUR DISTRICT) BY ADVS. V.A.MUHAMMED M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014 3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR @ AYYANTHOLE-680 003
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.12359 of 2022
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P.V.KUNHIKRISHNAN
- - - - - - - - - - - - - - - - - - - - - W.P (C) No.12359 of 2022
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
“(i) call for the records relating to Exhibit P-12 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.
(ii) declare that the disciplinary proceedings against the Petitioner stands concluded by Exhibit P-11.
(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to disburse the pay and allowances due to the Petitioner for the period during which she was illegally kept out of service notwithstanding Exhibits P-4, P-5, P-6, P-8, P-9, P-10 and P-11.
(iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant the increments due to the Petitioner from 2019 as also the 2019 Pay Revision benefits including grade promotions.
(v) pass such other order or direction which this Hon'ble Court may deer Fit and proper to grant in the circumstances of the case.” (SIC)
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 2nd
and 1st respondents to consider Ext.P14 and P15 respectively. The above proceedings are filed against
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Ext.P12. This writ petition is filed challenging Ext.P12.
this Court had stayed the operation of Ext.P12. Now, the petitioner already submitted Exts.P14 and 15 against Ext.P12 before the 2nd and 1st respondents. If that is the case, there can be a direction to the 2nd and 1st respondents to consider Exts.P14 and P15 respectively and till then an intern order already passed can be continued.
Therefore, this writ petition is disposed of with the following directions:-
i) The 2nd and 1st respondents are directed to consider Exts.P14 and P15 respectively, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment.
ii) Till final orders are passed, the operation of Ext.P12 is stayed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.12359 of 2022
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APPENDIX OF WP(C) 12359/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE ORDER OF SUSPENSION |
|---|---|
| (LETTER NO.01/2018 DATED 03.09.2018) OF THE MANAGER |
|
| Exhibit P2 | TRUE COPY OF THE ORDER NO.E/6458/2018 DATED 13.09.2018 OF THE AEO,VADAKKANCHERRY |
| Exhibit P3 | TRUE COPY OF THE ORDER NO.1/2018 DATED 14.09.2018 OF THE MANAGER |
| Exhibit P4 | TRUE COPY OF THE ORDER NO.B1/9649/18/K.DIS DATED 19.01.2019 OF THE DEO, CHAVAKKAD |
| Exhibit P5 | TRUE COPY OF THE ORDER NO.E/7628/2018/L.DIS DATED 19.02.2019 OF THE AEO, VADAKKANCHERRY |
| Exhibit P6 | TRUE COPY OF THE JUDGMENT IN WPC NO.7928/2019 DATED 04.04.2019 |
| Exhibit P7 | TRUE COPY OF THE ORDER OF THE MANAGER DATED 05.07.2019 |
| Exhibit P8 | TRUE COPY OF THE ORDER NO.E/3918/2019 DATED 11.07.2019 OF THE AEO, VADAKKANCHERY |
| Exhibit P9 | TRUE COPY OF THE G.O.(RT) NO.243/2020/G.EDN DATED 15.01.2020 OF THE GOVERNEMNT |
| Exhibit P10 | TRUE COPY OF THE JUDGMENT IN WPC NO.9112/20220 DATED 13.10.2020 |
| Exhibit P11 | TRUE COPY OF THE ORDER NO.B1/2227/2019 DATED 22.06.2021 OF THE DEO, CHAVAKKAD |
| Exhibit P12 | TRUE COPY OF THE ORDER NO.B1/8991/2021 |
W.P (C) No.12359 of 2022
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DATED 18.03.2022 OF THE 6TH RESPONDENT Exhibit P-13 TRUE COPY OF THE LETTER NO. DDETSR/ 9938/2022-A2 DATED 15.02.2023 OF THE DDE, THRISSUR Exhibit P-14 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSED TO THE DIRECTOR DATED 22.03.2023 Exhibit P-15 TRUE COPY OF THE REPRESENTATION DATED 10.02.2023 OF THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT
1 issue framed by the court
Whether the High Court should direct the respondents to consider new documentary evidence submitted by the petitioner and stay the operation of the impugned disciplinary order pending final orders.
RENUKA.K
STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION
THE DISTRICT EDUCATIONAL OFFICER
THE ASSISTANT EDUCATIONAL OFFICER
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
