IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30207 of 2011(A) -------------------------------- PETITIONER: -------------- MINI.R., H.S.S.T.(BOTANY), M.V.HIGHER SECONDARY SCHOOL, ARUMANOOR, POOVAR P.O., THIRUVANANTHAPURAM-695 525. RESIDING AT: KULIRMA HOUSE, ALUMMOOD, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, 4TH FLOOR, PALAYAM, THIRUVANANTHAPURAM-695033. 4. M.V.HIGHER SECONDARY SCHOOL, ARUMANOOR, POOVAR P.O., THIRUVANANTHAPURAM-695525, REPRESENTED BY ITS MANAGER. WP(C).No. 30207/2011 5. THE MANAGER, M.V. HIGHER SECONDARY SCHOOL, ARUMANOOR, POOVAR P.O., THIRUVANANTHAPURAM-695525. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011 ALONG WITH WP(C) 30868/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30207/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.C6/2847/HSE/99 DTD. 2.7.99 ISSUED BY R2. EXT. P2 : COPY OF PROCEEDINGS OF R2 No.ACD/B5/19866/HSE/01 DTD. 10.6.02. EXT. P3 : COPY OF COPY OF PROCEEDINGS OF R5 NO.H 117/2010-11 DTD. 31.3.11. EXT. P4 : COPY OF APPOINTMENT ORDER DTD. 1.4.11 APPOINTING PETITIONER AS PRINCIPAL (PROBATIONARY) OF THE SCHOOL. EXT. P5 : COPY OF LETTER No.TRO/4/3426/11/HSE DTD. 11.4.11 ISSUED BY R3 TO R5. EXT. P6 : COPY OF LETTER OF RESIGNATION DTD. 4.4.11 SUBMITTED BY PETITIONER BEFORE R5. EXT. P7 : COPY OF ORDER No.H-117/2010-11 DTD. 12.5.11 OF R5. EXT. P8 : COPY OF LETTER DTD. 12.5.11 SUBMITTED BY PETITIONER BEFORE R5. EXT. P9 : COPY OF LETTER No.H-117/2010-11 DTD. 12.5.11 OF R5 TO R3. EXT. P10 : COPY OF LETTER No.TRO/4/4466/11/HSE DTD. 17.5.11 OF R3 TO R5. EXT. P11 : COPY OF LETTER No.H-117/2010-11 DTD. 24.5.11 OF R5 ISSUED TO R3. EXT. P12 : COPY OF LETTER DTD.28.5.11 SUBMITTED BY PETITIONER BEFORE R3. EXT. P13 : COPY OF REPRESENTATION DTD. 31.5.11 SUBMITTED BY PETITIONER BEFORE R3. EXT. P14 : COPY OF LEAVE APPLICATION DTD. 28.6.11 SUBMITTED BY PETITIONER BEFORE THE PRINCIPAL IN CHARGE OF SCHOOL. WP(C).No.30207/2011 EXT. P15 : COPY OF APPLICATION DTD. 30.7.11 FOR HALF PAY LEAVE SUBMITTED BY PETITIONER TO PRINCIPAL IN CHARGE OF R4 SCHOOL. EXT. P16 : COPY OF LETTER No.TRO/4/4778/11/HSE DTD. 7.9.11 OF R3 ADDRESSED TO PRINCIPAL. EXT. P17 : COPY OF LETTER DTD. 15.9.11 SUBMITTED BY PEITIONER BEFORE R3. EXT. P18 : COPY OF LETTER DTD. 30.9.11 SUBMITTED BY PEITIONER BEFORE R3. EXT. P19 : COPYOF LETTER DTD. 1.10.11 SUBMITTED BY PEITIONER TO PRINCIPAL IN CHARGE OF SCHOOL. EXT. P20 : COPY OF CERTIFICATE DTD. 1.10.11 ISSUED BY TEACHERS TO SHOW THAT THE PETITIONER APPROACHED THE PRINCIPAL IN CHARGE TO JOIN DUTY. EXT. P21 : COPY OF APPLICATION DTD. 3.10.11 SUBMITTED BY PETITIONER BEFORE INFORMATION OFFICER IN OFFICE OF R3. EXT. P22 : COPY OF LETTER No.TRO/4/14393/11/HSE DTD. 10.10.11 OF INFORMATION OFFICER IN OFFICE OF R3 ADDRESSED TO PETITIONER. EXT. P23 : COPY OF LETTER DTD.20.10.11 SUBMITTED BY PETITIONER BEFORE R1. EXT. P24 : COPY OF LETTER No.TRO/04/14450/HSE DTD. 19.10.11 OF R3 ISSUED TO R5. EXT. P25 : COPY OF LETTER DTD. 25.10.11 SUBMITTED BY PETITIONER BEFORE R3. EXT. P26 : COPY OF LETTER DTD. 25.10.11 SUBMITTED BY PETITIONER BEFORE R2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------------- W.P.(C) Nos.30207 & 30868 OF 2011 --------------------------------------------- Dated this the 22nd day of November, 2011. O R D E R Both these writ petitions concern a common dispute. The petitioner in W.P.(C)No.30207/2011 is seeking for implementation of Ext.P24, an order issued by the Regional Deputy Director of Higher Secondary Education directing the Manager to allow the petitioner therein to continue in service as H.S.S.T (Botany). In W.P.(C) No.30868/2011, the Manager is challenging the said order produced as Ext.P1 therein. 2. It has now been reported to this Court by the learned Senior Counsel for the Manager that the Manager has already filed an appeal before the Director of Higher Secondary Education, who is the 1st respondent in W.P.(C) No. 30868/2011, and a copy of the same has been produced as Ext.P2 therein. In Ext.P2 appeal, the challenge is against Ext.P24 order which the petitioner in W.P.(C) No.30207/2001 seeks to implement. W.P.(C) Nos.30207 & 30868/2011 2 3. The controversy arose when the petitioner in W.P.(C) No.30207/2011 submitted a resignation letter as per Ext.P6 produced in W.P.(C) No.30207/2011 stating that she resigns from her post as Principal in charge of the Institution. The Manager has taken the stand that the same has to be understood as resignation from the post of H.S.S.T (Botany) itself. 4. It is agreed by all parties that the appeal itself can be heard on 29.11.2011, for which due instructions have been furnished to the learned Government Pleader by the official respondents. Therefore, the parties will appear before the Director of Higher Secondary Education on 29.11.2011 at 11 a.m and it is agreed that no further notice is required for the purpose of hearing also. The appeal will be disposed of within a period of two weeks from 29.11.2011 and all the aspects raised by both parties will be considered. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp