IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29840 of 2011(D) ------------------------------------ PETITIONER(S): ----------------------- BINDUMOL P. ABRAHAM, W/O BENNY K. MATHEW, AGED 40 YEARS, HEADMISTRESS, ST.JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, OLIAPURAM, ERNAKULAM DISTRICT (RESIDING AT KOZHIKKATTEL HOUSE, P.O, KARIMPANA, KOOTHATTUKULAM) BY ADVS SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF PUBIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM- 695 014 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD- 682 030. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686 661. 5. SRI.THOMSON C. VARGHESE, MANAGER, ST. JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, OLIAPURAM -686 679. ERNAKULAM DISTRICT. WP(C).No. 29840 of 2011(D) 6. SRI.K.M.SHAJU, ST. JOHN'S SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA, OLIPURAM- 686 679, ERNAKULAM DISTRICT. BY SR. GOVERNMENT PLEADER SRI. M.A. FAYAZ FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 29840 of 2011(D) APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER. EXT.P2 TRUE COPY OF THE ORDER NO.A 231/2010-11 (1) OF THE MANAGER. EXT.P3 TRUE COPY OF THE ORDER NO. B1-19450/2010/K.DIS.OF THE DEPUTY DIRECTOR OF EDUCATION. EXT.P4 TRUE COPY OF THE ORDER NO. 55196/2010/G.EDN. OF THE GOVERNMENT. EXT.P4 (A) TRUE COPY OF THE G.O(RT) NO.275/2011/G.EDN. OF THE GOVERNMENT. EXT.P5 TRUE COPY OF THE ORDER IN W.P(C) NO.4633 OF 2011 EXT.P6 TRUE COPY OF THE ORDER NO. A-231/2010-2011 (4) OF THE MANAGER. EXT.P7 TRUE COPY OF THE ORDER NO. B1/5133/2010 OF THE DEPUTY DIRECTOR. EXT.P8 TRUE COPY OF THE ORDER NO.VI/31093/11/DPI/K.DIS. OF THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE ORDER NO.A-231/2010-11(7) OF THE MANAGER. EXT.P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT. EXT.P11 TRUE COPY OF THE ORDER NO.58963/A3/2011/G.EDN. OF THE GOVERNMENT. EXT.P12 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK. EXT.P13 TRUE COPY OF THE ORDER NO.B4/6361/2007/L.DIS. OF THE GOVERNMENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29840 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The substantial challenge in this Writ Petition is against the order passed by the Government as per Ext.P11 keeping in abeyance Ext.P8 proceedings of the Additional Director of Public Instruction. The resume of the facts of the case show that the entire dispute concerns the initiation of disciplinary action taken against the petitioner. Ext. P2 is the order of suspension issued by the Manager and the Deputy Director of Education declined to continue the same by Ext.P3 order. The said order was upheld by the Government by Ext. P4 (a) order wherein a direction was issued to re-instate the petitioner, which is under challenge by the Manager in W.P.(C)No.4633/2010 and it is stated that no interim order staying the same and this Court passed another interim order dated 6.4.2011 directing payment of salary (Ext.P5). 2. The petitioner was later served with an order reverting her as High School Assistant as Ext.P6. It was allegedly issued W.P.(C)No.29840/11 -2- without having any formal enquiry or after obtaining sanction from the Department, which was set aside by the Deputy Director of Education as per Ext.P7 order. The same was upheld by the Director of Public Instruction as per Ext.P8 order. Thereafter, the Manager has issued Ext.P9 order whereby the petitioner has been re-instated in service as Headmistress in the St.John's Syrian Higher Secondary School, Vadakara. It is submitted that the interim order passed by the Government is therefore unjustifiable. 3. Having heard the learned counsel for the petitioner and the learned Government Pleader, I feel that it is only proper that the revision petition referred to in Ext.P11 is disposed of within a time frame. The said revision petition is said to be filed by the 6th respondent who is the teacher-in-charge in the place of the petitioner. 4. In that view of the matter, there will be a direction to the Government to take a decision on the revision petition referred as item No.2 in Exhibit P11, filed by the 6th respondent within a period of two months from the date of receipt of a copy of the judgment. The same will be disposed of with notice to petitioner, W.P.(C)No.29840/11 -3- the Manager and the 6th respondent. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn