IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 21032 of 2011(D) -------------------------- PETITIONER(S): --------------- SMT.SAVITHRI.P., MANAGER, CHEEKKILODE AMLP SCHOOL, CHEEKKILODE P.O., KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, BALUSSERY, KOZHIKODE. 3. T. BABURAJ, HEADMASTER (UNDER SUSPENSION), CHEEKKILODE AMLP SCHOOL, CHEEKKILODE P.O., KOZHIKODE. ADV. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE FOR R3 SRI.MANU GEORGE KURUVILLA FOR R3 GOVERNMENT PLEADER, SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21032 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SUSPENSION ORDER NO.101/2011 DT.11/07/2011 EXT.P2 TRUE COPY OF THE STATEMENT IN WHICH MPTA PRESIDENT, TEACHERS AND PARENTS SIGNED. EXT.P3 TRUE COPY OF THE ATTENDANCE REGISTER OF THE SCHOOL FOR THE MONTH OF JUNE 2011 EXT.P4 TRUE COPY OF THE ACQUAINTANCE REGISTER FOR SSA FUND 2007-08 EXT.P5 TRUE COPY OF THE ORDER NO.C.2639/11 DT.22/7/2011 EXT.P6 TRUE COPY OF THE REVISION PETITION EXCLUDING THE ENCLOSURES FILED BEFORE THE 1ST RESPONDENT DT.26/07/2011 EXT.P6(a) TRUE COPY OF THE STAY PETITION FILED BEFORE THE 1ST RESPONDENT DT.26/07/011 EXT.P7 TRUE COPY OF THE ENDORSEMENT IN THE POSTAL COVER AND THE ACKNOWLEDGMENT CARD. EXT.P8 TRUE COPY OF THE MINUTES OF THE PTA EXECUTIVE MEETING HELD ON 25/7/2011 EXT.P9 TRUE COPY OF THE LETTER DT.24/6/2011 BY P.ABDUL JALEEL TO THE MANAGER EXT.P10 TRUE COPY OF THE LETTER ALONG WITH THE DETAILS OF THE RECORDS AVAILABLE IN THE SCHOOL DT.15/7/2011 EXT.P11 TRUE COPY OF THE FORM OF AFFIDAVIT. EXT.P12 TRUE COPY OF THE REPLY SUBMITTED BY THE 3RD RESPONDENT DT.17/12/2010 EXT.P13 TRUE COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT AS PER LETTER DT.26/8/2011 3RD RESPONDENT'S EXTS: EXT.R3(A) TRUE COPY OF THE COMPLAINT FILED BEFORE THE DYSP VIGILANCE DT.25/7/2009 EXT.R3(B) TRUE COPY OF THE JUDGMENT IN WPC 35939/2010 DT.2/2/2011 EXT.R3(C) TRUE COPY OF THE LETTER OF SMT.SHEEJA DT.5/8/11 EXT.R3(D) TRUE COPY OF THE LETTER OF SHRI SONY DT.5/8/11 EXT.R3(E) TRUE COPY OF THE LETTER OF SMT.LINI M DT.5/8/11 EXT.R3(F) TRUE COPY OF LETTER OF SHRI ABDUL JALEEL DT.4/8/11 EXT.R3(G) TRUE COPY OF COMPLAINT BEFORE THE 2ND RESPONDENT DT.8/12/2010 EXT.R3(H) TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DT.2/7/2011 ms \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.21032 of 2011-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011. JUDGMENT The writ petition is filed by the Manager of a school aggrieved by the order passed by the Assistant Educational Officer, produced as Ext.P5 wherein the continued suspension of the Headmaster was not permitted. 2. Heard learned counsel for the petitioner, learned Senior Counsel for the third respondent and learned Govt. Pleader. 3. Learned counsel for the petitioner submitted that based on certain serious complaints as referred to in Ext.P1, the Headmaster who is the third respondent herein, was suspended from service. It is submitted that the Asst. Educational Officer did not consider all the aspects at the time of passing Ext.P5 order. 4. Already the petitioner has filed a revision petition before the Government as per Ext.P6 and the same is ending. The petitioner has filed Ext.P6(a) stay petition also. 5. This Court, by interim order dated 5.8.2011, has ordered status quo as on that date to continue. 6. It has come out that the third respondent is now receiving salary 2 and he is signing in the office of the Asst. Educational Officer, in a separate register. In view of the fact that the revision petition and the stay petition are pending, it is upto the Government to take a decision in the matter at the earliest. 7. Therefore, there will be a direction to the Government to take a decision on Ext.P6(a) stay petition after hearing both sides, within a period of six weeks from today. The revision petition also will be disposed of within a period of five months from today. Any steps for recovery initiated against the petitioner by the Asst. Educational Officer, will be kept in abeyance till orders are passed by the Government in the revision petition. 8. Learned Govt. Pleader submitted that the third respondent is receiving salary now in the light of Rule 67(8) of Chapter XIV-A K.E.R. and the same arrangement will continue. It is made clear that I have not expressed anything on the merits of the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/