IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 7098 of 2009(F) ------------------------------------- PETITIONER: ------------------- J.VALSALA, SANSKRIT TEACHER, B.E.M.U.P.SCHOOL, THRIKKEDERI, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. MR.V.RAJENDRAN. RESPONDENTS: ------------------------ 1. THE CORPORATE MANAGER, ALL C.S.I.SCHOOLS IN MALABAR & WAYNAD, BANK ROAD, CALICUT. 2. HEADMASTER, B.E.M.U.P.SCHOOL, THRIKKEEDERI, OTTAPPALAM. 3. ASSISTANT EDUCATIONAL OFFICER, OTTAPPALAM. 4. ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. R1 BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.C.P.SIVADASAN NAIR, R3 & R4 BY GOVT. PLEADER MR. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7098/2009-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P1.: COPY OF THE JUDGMENT DTD. 05/10/07 IN W.P.27372/07. EXT.P.2: COPY OF THE JUDGMENT DTD. 26/05/08 IN W.P.(C).NO.15351/08. EXT.P.3: COPY OF THE JUDGMENT DTD. 15/07/2008 IN W.P.(C).NO.543/2008 REPORTED IN 2008(A) KLT 60. EXT.P.4: COPY OF THE JUDGMENT DTD. 17/11/08 IN W.A. NO. 2180/2008. EXT.P.5: COPY OF THE ENQUIRY REPORT DTD. 29/09/08 OF THE A.E.O. OTTAPPALAM. EXT.P.6: COPY OF THE ORDER DTD. 23/12/08 OF THE MANAGER. EXT.P.7: COPY OF THE VERIFICATION REPORT DTD. 08/01/09 OF THE R.4. EXT.P.8: COPY OF THE REPRESENTATION DTD. 10/02/09 OF THE PETITIONER TO THE R.4. EXT.P.9: COPY OF THE SHOW CAUSE NOTICE DTD. 28/02/09 OF THE MANAGER. EXT.P.10: COPY OF THE REPRESENTATION DTD. 03/03/09 OF THE PETITIONER TO THE R.1. EXT.P.11: COPY OF THE ORDER DTD. 10/03/09 OF THE R.1. EXT.P.12: COPY OF THE ORDER DTD. 12/03/09 OF THE R.1. EXT.P.13: COPY OF THE DECLARATION SUBMITTED WITH THE APPLICATION FOR CLOSURE OF P.F. A/C. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE APPENDIX VII OF PART I OF K.S.R., THE RULES RELATING TO CASUAL LEAVE. EXT.R1.B: COPY OF THE SUBMISSION OF THE R.2. MADE TO THE R.1. EXT.R1.C: COPY OF THE ORDER DTD.10/03/2009 ISSUED BY THE R.1. EXT.R1.D: COPY OF THE ACKNOWLEDGMENT BOOK EVIDENCING THE RECEIPT OF EXHIBIT .R1.(C) ORDER OF SUSPENSION BY THE R.2. W.P.(C). NO.7098/2009-F: EXT.R1.E: COPY OF THE INTERIM ORDER DTD. 11/03/2009 IN W.P.(C).NO.7098/2009 OF THIS HONOURABLE COURT. EXT.R1.F: COPY OF THE ORDER DTD. 18/03/2009 IN I.A. NO. 3944/2009 IN W.P.(C). NO.7098/2009 OF THIS HONOURABLE COURT. EXT.R1.G: COPY OF THE SUBMISSION MADE BY THE R.2. PERTAINING TO THE SERVICE OF EXT.R1.C ORDER OF SUSPENSION UPON THE PETITIONER. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7098 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2009. JUDGMENT The petitioner who was working as Sanskrit Teacher under the first respondent Manager, approached this court challenging Ext.P9 by which disciplinary actions were proposed against her. The petitioner was due to retire from service on 31.3.2009. The petitioner alleges in the writ petition that the first respondent is victimising her in the light of the judgment Ext.P1, in Writ Petition No.27372/2007 whereby the writ petition was allowed with cost Rs.5,000/- from the Manager and the Writ Appeal was also dismissed. 2. This court by an interim order dated 11.3.2009 stayed further action in the matter. Since it was pointed out that she is not allowed to perform her duties, a subsequent interim order was passed on 18.3.2009 in the light of the averments made by the petitioner, to the effect that the Assistant Educational Officer will see that the petitioner is allowed to function as Teacher in the school and mark the attendance. By a later interim order dated 6.4.2009, this court directed the Headmaster to see that wpc 7098/2009 2 N.L.C. is issued within one month. The petitioner retired from service on 31.3.2009. Challenging the interim order dated 6.4.2009, a Writ Appeal was filed by respondents 1 and 2 as W.A. No.984/2009. The Writ Appeal was dismissed finding that there is nothing wrong in issuing a direction to issue N.L.C. to the petitioner. It was held further that since the teacher has already retired from service, she is beyond the reach of disciplinary jurisdiction of the appellants. 3. Presently, it is submitted by the learned counsel appearing for the Manager that all the pensionary benefits have been released to the petitioner, which fact is agreed to by the learned counsel for the petitioner. What remains is the release of Provident Fund amount. In I.A. No.8049/2009, the petitioner has pointed out that even though a declaration has been forwarded, that was returned as defective, by the Asst. Educational Officer on the ground that the declaration is to be signed by one more witness. It is averred that the teachers are being threatened with severe consequences, if they sign the application for closure of the Provident Fund Account. According to the petitioner, the Asst. Educational Officer as per order dated 19.5.2009 directed the second respondent Headmaster to resubmit the proposal after curing the defect. It is the stand of the learned counsel appearing for respondents 1 and 2 that the wpc 7098/2009 3 Headmaster had already intimated the Asst. Educational Officer that he cannot be a witness. It is the case of respondents 1 and 2 that neither the Manager nor the Headmaster had instructed any of the teachers not to be a witness in the declaration. 4. Now that the petitioner is out of service, the second respondent will see that the declaration is duly attested either by himself or by any other teacher, in case it is insisted by the Asst. Educational Officer that another teacher has to be a witness the declaration. If the situation projected by the petitioner still remains, she will be finding it difficult to get the Provident Fund amount which may put her in real hardship also. Such a state of affairs cannot be appreciated at all. 5. In the light of the facts emerging, there will be a direction to the Asst. Educational Officer to see that the due amount remaining in the Provident Fund account of the petitioner is released on the basis of the declaration, Ext.P13. The Asst. Educational Officer will see that the admissible amounts are disbursed even if the declaration is not duly signed by any other witness. The declaration now submitted, a copy of which is produced herein as Ext.P13, will be treated as valid and sufficient. wpc 7098/2009 4 Appropriate action will be taken within a period of two weeks from the date of production of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/