IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 17445 of 2008(B) -------------------------- PETITIONER(S): --------------- P.S.SUMAM, H.S.A(N.S) UNDER SUSPENSION NIKHIL VILLA, NADUKKUNNAM P.O., PATHANAPURAM, KOLLAM. BY ADV. SRI.V.BHASKARAN PILLAI SMT.S.LEELA SRI.B.VINOD SMT.V.JISHA RANI SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S): --------------- 1. MANAGER, NADUKKUNNAM HIGH SCHOOL, PATHANAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, PUNALUR. ADV. SRI.S.ABDUL RAZZAK FOR R1 GOVERNMENT PLEADER FOR R2 SHRI T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, ALONG WITH WPC NO. 1836 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF ORDER OF SUSPENSION DT.23.12.2003 EXT.P2-TRUE COPY OF ORDER DT.10.2.2004 EXT.P3-TRUE COPY OF ORDER DT.5.6.2007 EXT.P4-TRUE COPY OF ADVERTIEMENT DT.30.12.2007 RESPONDENTS' EXTS: EXT.R1(A)-PHOTO COPY OF POLICE REPORT DT.20.12.2003 EXT.R1(B)-PHOTO COPY OF DEO'S ORDER DT.9.2.2004 EXT.R1(C)-PHOTO COPY OF PETITIONER'S LETTER DT.8.7.2004 EXT.R1(D)-PHOTO COPY OF POLICE REPORT DT.13.7.2007 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 17445/2008-B & 1836/2011-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2011. JUDGMENT The petitioner is the same in both the writ petitions. W.P.(C) No.17445/2008 is filed challenging the memo Ext.P4 issued by the Manager seeking removal of the petitioner from service. In W.P.(C) No.1836/2011 the petitioner is seeking for a direction to reinstate her in service and there is a further prayer to quash Exts.P1 and P3. 2. Ext.P1 produced in W.P.(C) No.1836/2011 is the order of suspension issued by the Manager under Rule 67(1)(b) of Chapter XIV-A K.E.R. because of the involvement of the petitioner in a criminal case. It is the case of the petitioner that the Addl. District & Sessions Judge (Ad Hoc) Fast Track Court III, Pathanamthitta, as per Ext.P2 order, has passed an order of discharge under Section 227 of the Code of Criminal Procedure. The petitioner thereafter moved the Deputy Director of Education seeking for a direction to reinstate her in service and the Deputy Director of Education took the view that in the light of the pendency of W.P.(C) No.17445/2008, the request is declined. 3. In W.P.(C) No.17445/2008 the respondents have filed counter wpc 17445/2008 & 1836/2011 2 affidavits. It is evident from Ext.P3 order produced in W.P.(C) No.1836/2011 that the proposal for removal has not been finalised. 4. In that view of the matter, W.P.(C) No.17445/2008 is closed as no further orders are called for, therein. The issue raised are left open. 5. Admittedly the criminal case against the petitioner has ended in the light of Ext.P2 order passed by the Criminal court. Evidently, the suspension was pending the criminal case. Therefore, normally as the said circumstance is no longer there, the petitioner will have to be reinstated. Shri S.A. Razzak, learned counsel for the Manager submitted that in the light of the staff fixation order for 2010-2011 there is no sanction for the post of H.S.A. (Natural Science). Therefore, the petitioner may have to be deployed to another school if she is entitled for protection. In this context, learned counsel for the petitioner relied upon G.O.(P) No.226/2003/G.Edn. dated 14.6.2003 wherein the Government has ordered that “teachers who have completed 23 years of service and have got selection grade, teachers under treatment for cancer with genuine medical certificate and widows of jawans, who are eligible for protection, will be retained to the same school.” This aspect will have to be examined by the Deputy Director of Education concerned. 6. Therefore, W.P.(C) No.1836/2011 is allowed. Ext.P1 order of wpc 17445/2008 & 1836/2011 3 suspension is quashed, in the light of the order Ext.P2. The Deputy Director of Education concerned, will pass appropriate orders with regard to the eligibility for grant of protection to the petitioner. The same will be done within a period of two months from the date of receipt of a copy of this judgment. If the petitioner has got any other grievance with regard to the non payment of subsistence allowance or other matters, she can file appropriate representation before the Deputy Director of Education. No costs. (T.R. Ramachandran Nair, Judge.) kav/