IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 4058 of 2011(F) ------------------------- PETITIONER : ------------ P.SASIDHARAN,S/O.(LATE)NARAYANAN NAMBIAR AGED 53 YEARS, HEADMASTER,PUTTEKKAD A.M.L.P.SCHOOL FEROKE EDUCATION SUB DISTRICT KOZHIKOE DISTRICT, (RESIDING AT SITHARA, NEAR MANAPURAM TEMPLE, POST CHOKLI, (VIA) THALASSERY, KANNUR DISTRIT - 670 672). BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRETOR OF EDUCATION, KOZHIKODE DISTRICT-673001. 3. THE ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT-673631. 4. THE MANAGER, PUTTEKKAD A.M.L.P.SCHOOL, FEROKE EDUCATION SUB DISTRICT, KOZHIKODE DISTRICT-673631, (P.O) FEROKE. R1 TO R3 BY GOVT. PLEADER SMT. RANI DIOTHIMA R4 BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 4058 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LETTER OF THE MANAGER OF THE SCHOOL DATED 05-10-2010. EXT.P2 : COPY OF THE REPLY OF THE PETITIONER DATED 13-10-2010. EXT.P3 : COPY OF THE ORDER OF THE MANAGER OF THE SCHOOL DATED 04-11-2010. EXT.P4 : COPY OF THE APPEAL FILED BEFORE THE ASSISTANT EDUCATIONAL OFFICER DATED 11-11-2010. EXT.P5 : COPY OF THE ORDER NO.D-3645/2010 OF THE ASST. EDL. OFFICER DATED 15-11-2010. EXT.P6 : COPY OF THE LETTER OF THE PETITIONER DATED 16-11-2010. EXT.P7 : COPY OF THE LETTER OF THE PETITIONER DATED 20-11-2010. EXT.P8 : COPY OF TH LETTER OF THE PETITIONER DATED 02-12-2010. EXT.P9 : COPY OF TH LETTER OF THE PETITIONER DATED 09-12-2010. EXT.P10 : COPY OF TH LETTER OF THE PETITIONER ADDRESSED TO THE DEPUTY DIRECTOR DATED 30-12-2010. EXT.P11 : COPY OF THE MEMO OF CHARGES ALONG WITH STATEMENT OF ALLEGATIONS DATED 11-01-2011. EXT.P12 : COPY OF THE REPLY OF THE PETITIONER DATED 01-12-2011. EXT.P13 : COPY OF THE ORDER NO. D-3645/2010 OF THE ASSISTANT EDUCATIONAL OFFICER, FEROKE DATED 25-01-2011. EXT.P14 : COPY OF THE DECISION REPORTED IN 2008 (4) KLT 60 DATED 15-07-2008. EXT.P15 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A. NO. 2180/2008 DATED 17-11-2008. EXT.P16 : COPY OF THE G.O.(RT) NO.3794/2011/G.EDN.OF THE GOVERNMENT DATED 03-09-2011. (Contd...) WP(C).No. 4058 of 2011(F) EXT.P17 : COPY OF THE COVERING LETTER OF THE PETITIONER DATED 14-09-2011. RESPONDENT'S EXHIBITS : EXT.R4(a) : COPY OF VISIT REPORT OF THE JUNIOR HEALTH INSPECTOR ON 10.6.2010 AND 22.6.2010. EXT.R4(b) : COPY OF REVISION PETITION FILED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 18.11.2010. EXT.R4(c) : COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.11.2010. //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4058 of 2011-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2011. JUDGMENT This writ petition is filed by the petitioner seeking for a direction to the fourth respondent to implement Exts.P5 and P13 orders of the Assistant Educational Officer. 2. This is a case where the petitioner was directed to be reinstated in service by the above orders. Along with I.A. No.15250/2011 the petitioner has produced Ext.P16 order passed by the Government rejecting the revision petition filed by the Manager of the school. Learned counsel for the petitioner submitted that in the light of the above, the petitioner will have to be reinstated in service. 3. Heard learned counsel for the Manager and the learned Govt. Pleader. 4. Evidently, the suspension was ordered on 4.11.2010 and the Asst. Educational Officer by order dated 15.11.2010, viz. Ext.P5, directed the reinstatement of the petitioner in service. The same has been upheld by the Government also. In that view of the matter, the petitioner will have to be reinstated in service. wpc 4058/2011 2 5. There will b a direction to the fourth respondent to pass orders reinstating the petitioner in service within two weeks from today. All the other questions are left open. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/