IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 13980 of 2010(V) -------------------------- PETITIONER(S): --------------- SMT.OMANA SREE RAM, MANAGER, VHSS KUZIKKALI DAVAKA, KARIMPINPUZHA PANGOD.P.O, KOLLAM. BY ADV. SRI.A.N.RAJAN BABU RESPONDENT(S): --------------- 1. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM. 2. A.G.HARINDRANATH, NON VOCATIONAL TEACHER IN ENGLISH VHSS KUZIKKALI EDAVAKA (UNDER SUSPENSION), RESIDING AT PLAVILAYIL HOUSE, IVERKALA NADUVIL, PUTHANAMBALAM.P.O, KOLLAM-695 133. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.A.MUHAMMED FOR R2 SRI.K.E.HAMZA FOR R2 G.P.SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, ALONG WITH WPC NO.20860 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF JUDGMENT IN WPC 37627/09 DTD.27.1.2010 OF THIS COURT. EXT.P1(A):- COPY OF SUSPENSION ORDER OF R2. EXT.P2:- COPY OF SUSPENSION ORDER DTD.31.12.2009 SUBMITTED BY R1. EXT.P3:- COPY OF MEMO OF CHARGES GIVEN TO PETITIONER DTD.18.1.2010. EXT.P5:- COPY OF EXPLANATION OF PETITIONER DTD.11.2.2010 EXT.P6:- COPY OF LETTER DTD.4.3.2010 EXT.P7:- COPY OF EXPLANATION DTD.12.3.2010 EXT.P8:- COPY OF EXPLANATION DTD.2.2.2010 EXT.P9:- COPY OF LETTER DTD.31.3.2010 EXT.P10:- COPY OF LETTER NO.E3/21913/2010 EXT.P11:- COPY OF GO(MS) NO.31/10/GL.EDN. DTD.24.2.2010 RESPONDENTS EXTS: EXT.R2(A):- COPY OF DECISION REPORTED IN 2008(4) KLT 60 EXT.R2(B):- COPY OF JUDGMENT OF THIS COURT IN W.A.NO.2180/08 EXT.R2(C):- COPY OF APPEAL FILED BEFORE THE DIRECTOR EXT.R2(D):- COPY OF DECISION OF THE MEETING EXT.R2(E):- COPY OF REQUEST OF A.G.HAREENDRANATH EXT.R2(F):- COPY OF REQUEST BEFORE THE ASST.DIRECTOR EXT.R2(G):- COPY OF LETTER TO THE DIRECTOR /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).Nos.13980 & 20860 OF 2010 ------------------------------ Dated this the 12th day of October, 2010 JUDGMENT A.G.Hareendranath is a non vocational teacher in English in Kuzhikkalidavaka Vocational Higher Secondary School, Karimbinpuzha, Kollam. Hareendranath was placed under suspension by the Manager as per the order dated 28.11.2009. The Manager forwarded the papers to the Director of Vocational Higher Secondary Education, who granted permission to continue the suspension as per the order dated 31.12.2009. The order reads as follows: “1. The action of the Manager in having suspended Sri.Hareendranath Non Vocational Teacher in English can be approved subjected to the condition that the disciplinary action against him shall be completed immediately so as to reinstate him in service. 2. The action of the Manager in having redesignated a Vocational Teacher as Principal avoiding the present HM cannot be admitted as this is against existing Government Orders. But the Manager can continue disciplinary action against the Principal as per rules. 3. The Manager can submit detailed statements if she desires so to the undersigned.” W.P.(C).Nos.13980 & 20860 OF 2010 2 2. It would appear that Hareendranath submitted a representation to the Director of Vocational Higher Secondary Education, probably before the order dated 31.12.2009 was passed. Hareendranath filed W.P.(C)No.10373 of 2010 alleging that the said representation was not disposed of. W.P.(C) No.10373 of 2010 was disposed of as per Ext.P9 judgment dated 26.3.2010 directing the Director of Vocational Higher Secondary Education to dispose of the representation. According to the learned counsel appearing for Hareendranath, pursuant to the judgment dated 26th March, 2010 in W.P.(C) No.10373 of 2010, the Director of Vocational Higher Secondary Education conducted a hearing on 26.5.2010, but no orders were passed. 3. The Director of Vocational Higher Secondary Education passed an order dated 30.3.2010, which reads as follows: “Inviting your attention to the refs. cited, you are directed to reinstate Sri.A.G.Hareendranath, NVT in English, with W.P.(C).Nos.13980 & 20860 OF 2010 3 immediate effect, upon receipt of this letter.” 4. Though the order dated 30.3.2010 was passed after the disposal of the W.P(C)No.10373 of 2010 on 26.3.2010, it would appear that the disposal of W.P (C) No.10373 of 2010 was not brought to the notice of the Director. 5. In WP(C)No.20860 of 2010 filed by Hareendranath, the main relief sought for is to reinstate him with retrospective effect. That prayer is on the basis of the order dated 30.3.2010 passed by the Director. In WP(C) No.13980 of 2010 filed by the Manager, Omana Sreeram, the main relief sought for by her is to quash the order dated 30.3.2010 passed by the Director. The Manager has also challenged G.O(MS) No.31/10/Gl.Edn. dated 24.2.2010 by which the Government was conferred the disciplinary power over teaching and non teaching staff of aided Vocational Higher Secondary Schools. W.P.(C).Nos.13980 & 20860 OF 2010 4 6.Sri.A.N.Rajan Babu, the learned counsel appearing for the Manager submitted that before passing the order dated 30.3.2010, the Director did not afford an opportunity of being heard to the Manager. This statement is not disputed either by the learned counsel appearing for Hareendranath or by the learned Government Pleader. If that is the position, the order dated 30.3.2010 passed by the Director, which is marked as Ext.P10 in W.P.(C) Nos.20860 of 2010 and 13980 of 2010 is liable to be quashed. I do so. The order dated 30.3.2010 passed by the Director is hereby quashed. 7. Now what remains is that the Director has to pass orders after hearing the teacher, Hareendranath, and the Manager. The Director of Vocational Higher Secondary Education shall hear both parties and pass appropriate orders within a period of two months from the date of receipt of a copy of the judgment. W.P.(C).Nos.13980 & 20860 OF 2010 5 8. As stated earlier, the Manager has also challenged in the Writ Petition filed by her, the Government Order dated 24.2.2010. Advocate Sri.Rajan Babu submitted that since the order dated 30.3.2010 passed by the Director is quashed, this contention raised by the Manager challenging the Government Order can be relegated to be raised at the appropriate stage in appropriate proceedings. The petitioner is permitted to do so. 9. The respective petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Director. The Writ Petitions are disposed of as above. K.T.SANKARAN, JUDGE. cms