IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 23901 of 2010(K) -------------------------- PETITIONER(S): --------------- A.P.ABDU RAHMAN HIGH SCHOOL ASSISTANT(ARABIC)NATIONAL HIGH SCHOOL KOLATHUR, MALAPPURAM(UNDER ORDERS OF COMPULSORY RETIREMENT FROM SERVICE)(RESIDING AT DARU SALAM, ACKARAPARAMBIL, KOLATHUR, MALAPPURAM DISTRICT.) BY ADV. 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, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, MALAPPURAM-676 505. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-676 505. 5. THE MANAGER, NATIONAL HIGH SCHOOL, KOLATHUR-679 338,. MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.23901 of 2010 --------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT The petitioner was working as Arabic Teacher in National High School, Kolathur, Malappuram District. The Manager placed him under suspension as per Exhibit P1 order dated 12.7.2008. As per Exhibit P8 Government Order dated 18.7.2009, the petitioner was permitted to rejoin duty in the school. The Headmaster was directed to forward a copy of the joining report of the petitioner to the District Educational Officer. The Manager was directed to complete the disciplinary action against the petitioner within two months. 2. The Manager passed Exhibit P13 order dated 22.12.2009 imposing the punishment of compulsory retirement. The Deputy Director of Education granted sanction for imposing such punishment, as per Exhibit P12 order dated 10.12.2009. Challenging Exhibits P12 and P13 orders, the petitioner filed Exhibit P14 appeal before the Director of Public Instruction. As WPC 23901/2010 2 per the order dated 9th February, 2010 in W.P.(C) No.4200 of 2010, the Director of Public Instruction was directed to dispose of Exhibit P14 appeal expeditiously and at any rate, within two months from the date of production of a copy of the judgment. Thereafter, the Director of Public Instruction passed Exhibit P16 order dated 25.2.2010 which reads as follows : “The Manager, National H.S.Kolathur avoided compulsory retirement to Sri.Abdu Rehman, H.S.A. (Arabic) of the school with the prior permission of the Deputy Director of Education, Malappuram as part of disciplinary action. As Government is the authority to take up appeals relating to this issue the Revision Petition filed in this directorate is hereby rejected. Grievance if any may be filed before the Government.” 3. Exhibit P16 order was challenged by the petitioner in W.P.(C) No.8906 of 2010, which was disposed of as per Exhibit P17 judgment dated 26th March, 2010. This Court quashed Exhibit P16 order passed by the Director of Public Instruction WPC 23901/2010 3 and directed him to reconsider and pass orders on the appeal filed by the petitioner on the merits. The Director of Public Instruction, in compliance with Exhibit P17 judgment, passed Exhibit P18 order dated 23.4.2010. The operative portion of the said order reads as follows : “Notice for a personal hearing was issued as per reference cited (4) and the hearing was conducted at the office of the Deputy Director of Education, Kozhikode on 22.4.2010 at 11 A.M. Representatives of the Manager, Deputy Director of Education, Malappuram and the District Educational Officer, Malappuram were present. Petitioner was not present for the hearing. Notes submitted by the Educational Officers and arguments put forth by the Manager was looked into details. As the appellant was absent at the time of hearing even though he was served with Notice by Registered post with A/D the appeal is rejected. The direction of the Hon'ble High Court in judgment dated 9.2.2010 in W.P.(C) No.4200/2010 is thus complied with.” WPC 23901/2010 4 4. The petitioner has produced Exhibit P19 certificate issued by the Superintendent of Post Office to show that the notice was issued by the Director of Public Instruction to the petitioner in his school address and since he was not working in the school at the relevant time, the notice was returned to the sender on 26.4.2010. Even before returning the notice, the Director of Public Instruction passed the order dated 23.4.2010. 5. Though in Exhibit P17 judgment, the Director of Public Instruction was directed to consider and dispose of the appeal on the merits, he disposed of the appeal as per Exhibit P18 order on the ground of default of the Writ Petitioner to appear before him. It is relevant to note that Exhibit P19 shows that the notice issued to the petitioner was returned by the postal authorities to the sender on 26.4.2010 while the Director of Public Instruction disposed of the appeal for default on 23.4.2010. It is thus clear that the Director of Public Instruction did not even wait for return of notice sent to the petitioner. WPC 23901/2010 5 6. Challenging Exhibit P18 order passed by the Director of Public Instruction, the petitioner filed Exhibit P20 revision dated 29.5.2010 before the Government. Exhibit P20 revision is pending disposal before the Government. 7. The learned counsel for the petitioner submitted that since Exhibit P20 revision is pending before the Government, a direction may be issued to dispose of that revision, expeditiously. In the facts and circumstance of the case, the Writ Petition is disposed of as follows : (i) The first respondent shall consider and dispose of Exhibit P20 revision dated 29.5.2010 filed by the petitioner, as expeditiously as possible and at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner and the Manager. It is sufficient for the first respondent to issue notice to the petitioner in the address shown WPC 23901/2010 6 in the memorandum of revision. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (iii) The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the fifth respondent Manager by registered post and the petitioner shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl