IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 6773 of 2009(N) ------------------------------- PETITIONER: -------------- KURIAN JACOB.A.,S/O.A.K.JACOB,AGED 44, ARANGASSERY HOUSE,ERNANELLOOR P.O., THRISSUR,PIN-680 501 (UNDER SUSPENSION) TEACHER, SSMVHSS, EDAKKAZHYOOR,CHAVAKKAD. BY MR.S.SREEKUMAR, ADVOCATE. MR.P.MARTIN JOSE, ADVOCATE. MR.P.PRIJITH, ADVOCATE. MR.S.VAIDYANATHAN, ADVOCATE. RESPONDENTS: ------------------ 1. DIRECTOR,VAOCATIONAL HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING, SANTHI NAGAR,THIRUVANANTHAPURAM. 2. THE MANAGER, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL (S.S.M.V.H.S.S), EDAKKAZHYOOR,CHAVAKKAD,THRISSUR. 3. THE PRINCIPAL, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL (S.S.M.V.H.S.S), EDAKKAZHYOOR,CHAVAKKAD,THRISSUR. BY MR.V.A.MUHAMMED T.T., ADVOCATE, FOR R2 & R3 MR.K.E.HAMZA, ADVOCATE, FOR R2 & R3. MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6773/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF SHOW CAUSE NOTICE DTD.27.10.08. EXT. P2 : COPY OF EXPLANATION DTD. 3.11.08 SUBMITTED BY PETITIONER. EXT. P3 : COPY OF ORDER DTD. 3.12.08 ISSUED BY MANAGER OF SCHOOL. EXT. P4 : COPY OF JUDGMENT DTD.12.1.09 IN W.P.(C) 525/09. EXT. P5 : COPY OF ORDER DTD. 20.2.09 OF R1. EXT. P6 : COPY OF LETTER DTD. 25.2.09. EXT. P7 : COPY OF STATEMENT DTD. 26.2.09. EXT. P8 : COPY OF LETTER DTD. 4.8.08. EXT. P8(a) : COPY OF LETTER DTD. 5.8.08. EXT. P9 : COPY OF EXPLANATION DTD. 19.12.08 SUBMITTED BY PETITIONER. EXT. P10 : COPY OF REPORT OF ADMINISTRATIVE OFFICER, V.H.S.E. EXT. P11 : COPY OF SHOW CAUSE NOTICE DTD.27.10.08. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF EXPLANATION OF PETITIONER DTD. 19.10.07. EXT. R2(b) : COPY OF LETTER OF MANAGER ADDRESSED TO ASSISTANT DIRECTOR DTD. 10.11.08. EXT. R2(c) : COPY OF REPORT OF ASST. DIRECTOR DTD. 21.11.08. EXT. R2(d) : COPY OF LETTER OF MANAGER DTD. 3.12.08. EXT. R2(e) : COPY OF MEMO OF CHARGES ALONG WITH STATEMENT OF ALLEGATIONS DTD. 4.12.08. EXT. R2(f) : COPY OF LETTER OF MANAGER DTD. 4.12.08. EXT. R2(g) : COPY OF LETTER OF THIS DEPONENT DTD. 17.12.08. WP(C).No.6773/2009 EXT. R2(h) : COPY OF LETTER No.E3/4211/2008 (1) OF ASST. DIRECTOR DTD. 29.12.08. EXT. R2(i) : COPY OF REPORT OF ASST. DIRECTOR DTD. 1.12.08. EXT. R2(j) : COPY OF LETTER No.E3/50/2009 OF ASST. DIRECTOR DTD. 9.1.09. EXT. R2(k) : COPY OF LETTER OF MANAGER DTD. 28.2.09. EXT. R2(l) : COPY OF REVISION PETITION FILED BEFORE THE GOVERNMENT. EXT. R2(m) : COPY OF LETTER OF STAFF DTD. 15.1.09. EXT. R2(n) : COPY OF LETTER TO PRINCIPAL DTD. 22.1.09. EXT. R2(o) : COPY OF LETTER OF PARENTS OF STUDENTS. EXT. R2(p) : COPY OF REVISION FILED BEFORE THE GOVT. DTD.5.5.09. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6773 OF 2009 --------------------------------------- Dated this the 21st day of August, 2009. J U D G M E N T The petitioner who is employed as a Non Vocational Teacher in Biology in the school managed by the 2nd respondent is aggrieved by the non implementation of Exhibit P5 order whereby the suspension of the petitioner was revoked. He was suspended as per Exhibit P3 order dated 03.12.2008. Against the said order, the petitioner approached the higher authorities and after hearing the parties, the Director of Vocational Higher Secondary Education, by Exhibit P5 dated 20.02.2009, directed to reinstate the petitioner in service with liberty to continue the disciplinary action. Exhibit P6 is the joining report submitted by the petitioner to the Principal which is dated 25.02.2009. But, the petitioner was not allowed to rejoin duty. It is in this circumstance, the petitioner has filed this writ petition seeking for an appropriate direction to implement Exhibit P5 order. W.P.(C) No.6773/2009 2 2. On behalf of the 2nd respondent, a counter affidavit has been filed. Exhibit R2(e) is the memo of charges and statement of allegations issued to the petitioner. Exhibits R2(f) and R2(g) shows that the Assistant Director of Vocational Higher Secondary Education was requested to conduct a detailed enquiry and submit a report. 3. Presently, the 2nd respondent has filed a revision petition before the Government as per Exhibit R2(l). Learned counsel appearing for the Manager submitted that a direction may be issued to the Government to dispose of Exhibit R2(l) and till then the order to reinstate the petitioner in service may be kept in abeyance. Even though the revision petition was filed, no interim order has been obtained by the Manager. Apart from that, this writ petition is filed by the petitioner seeking for implementation of Exhibit P5 order and therefore, in favour of the 2nd respondent no order can be passed in the writ petition. Therefore, there will be a direction to the 2nd respondent to reinstate the petitioner in service in terms of Exhibit P5 within a period of ten days from the date of receipt of a copy of this W.P.(C) No.6773/2009 3 judgment. If the petitioner seeks for an earlier disposal of the revision petition before the Government, the same will be considered by the Government. The reinstatement of the petitioner will be subject to the orders to be passed in the revision petition. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp