IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Con.Case(C).No. 827 of 2009(S) -------------------------------------------- THE JUDGEMENT IN W.P.(C).NO.13512/2009 DATED 15/06/2009 .................... PETITIONER/1ST PETITIONER: -------------------------------------------- K.K.ABDULLA KUTTY HAJI, S/O.K.K.KUNHALAN, AGED 68 YEARS, MANAGER, A.M.U.P SCHOOL, VETTATHOOR, MELATTUR, MALAPPURAM DISTRICT. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI. RESPONDENT/2ND RESPONDENT: -------------------------------------------------- SHRI.O.M.NEELAKANDAN NAMBOOTHIRI, S/O.SREEDHARAN NAMBOOTHIRI, AGED 54 YEARS, ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, ALONG WITH W.P.(C). NOS.10240 OF 2009 & 10285 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Contempt of Court Case No.827/2009-S and W.P.(C).Nos.10240/2009-Y & 10285/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of April, 2010 J U D G M E N T The Contempt of Court Case is filed by the Manager of the School. This Court has passed various interim orders in the Contempt of Court Case and it is submitted that in the light of the interim orders, the salary etc. of the teachers were paid. It is agreed to and submitted by both the parties that all the matters including the writ petitions can be disposed of in view of the subsequent developments. 2. Heard the learned counsel for the petitioner in W.P.(C).No.10285/2009 and the learned counsel for the petitioners in W.P.(C).No.10240/2009 who is also appearing for the petitioner in C.O.C No.827/2009. 3. I.A.No.5246/2010 is filed by the petitioner in W.P.(C).No.10285/2009. It is stated in the affidavit accompanying the I.A that the petitioner is out of service from 15/10/2007 and is not getting any retirement benefits. If the fourth respondent is willing to drop the disciplinary proceedings, the petitioner is willing to retire from service with effect from 15/10/2007 i.e., from the date of suspension. C.C.C No.827/2009-S and W.P.(C).Nos.10240/2009-Y & 10285/2009-E -:2:- 4. The learned counsel for the Manager submitted that the Management is agreeing with the same and appropriate directions can be issued. 5. Therefore, the writ petitions are disposed of with the following directions:- As submitted by the petitioner in W.P.(C).No.10285/2009, he will be allowed to retire from service with effect from 15/10/2007. The disciplinary proceedings against him will be dropped. The respondents will disburse the retirement benefits treating that the petitioner in W.P.(c).No.10285/2009 has retired from service with effect from 15/10/2007. The impugned orders passed by the various authorities will stand modified to that extent. Efforts will be taken to disburse the retirement benefits immediately subject to liabilities, if any. The Contempt of Court Case No.827/2009 is disposed of recording the interim orders passed. No costs. (T.R. Ramachandran Nair, Judge.) ms