IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1930 WP(C).No. 3978 of 2005(W) --------------------------------------- PETITIONER(S): -------------------------- P.K.SAVITHRI, MANAGER, SREE RAMA VILASOM L.P.SCHOOL, CHERUTHAZHAM, PILATHARA P.O., MANDUR VIA, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, MADAI, PAYANGADI P.O., KANNUR. 5. K.K.SASIKALA, RAGAM, NEAR GOVERNMENT HOSPITAL, KOKKANISSERY P.O., PAYYANNUR, KANNUR DISTRICT-670 307. R1 R4 BY GOVERNMENT PLEADER SRI.R.LAKSHMI NARAYANAN R5 BY ADVS. SRI.K.S.MADHUSOODANAN, SRI.T.V.JAYAKUMAR NAMBOODIRI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010 ALONG WITH OP NO. 5732 OF 2000,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3978/2005 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR AND FI STATEMENT IN CRIME NUMBER 37/2000. EXT.P2: COPY OF THE LETTER DTD. 06/03/2000 GIVEN BY THE 4 TEACHERS OF THE SCHOOL. EXT.P3: COPY OF THE LETTER DTD. 07/03/2000. EXT.P4: COPY OF THE LETTER DTD. 08/03/2000 BY THE PARENT TEACHERS ASSOCIATION. EXT.P5: COPY OF THE SUSPENSION ORDER DTD. 13/03/2000. EXT.P6: COPY OF THE MEMO OF CHARGES DTD.27/03/2000. EXT.P7: COPY OF THE ORDER DTD. 27/03/2000 ISSUED BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE ADDITIONAL CHARGE MEMO ISSUED BY THE PETITIONER ON 09/05/2000 TO THE 5TH RESPONDENT. EXT.P9: COPY OF THE REPORT OF THE 4TH RESPONDENT. EXT.P10: COPY OF THE SHOW CAUSE NOTICE DTD. 24/08/2000. EXT.P11: COPY OF THE ORDER DTD. 07/08/2001 ISSUED BY THE 3RD RESPONDENT. EXT.P12: COPY OF THE ORDER DTD. 29/05/2003 BY THE PETITIONER. EXT.P13: COPY OF THE ORDER DTD. 23/09/2003 OF THE 2ND RESPONDENT. EXT.P14: COPY OF THE WRITTEN STATEMENT BEFORE THE 1ST RESPONDENT ON 01/11/2004. EXT.P15: COPY OF THE ORDER OF THE 1ST RESPONDENT G.O.(RT) NO. 5280/04/GED DTD. 10/12/2004. Kss ..2/- ....2..... WPC.NO.3978/2005 W RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF THE JUDGMENT IN CC NO.232/2000 OF JUDICIAL 1ST CLASS MAGISTRATE COURT, PAYYANNUR. EXT.R5(B): COPY OF THE REPLY DTD. 31/03/2000 TO EXT.P6 CHARGE MEMO. EXT.R5(C): COPY OF THE REPLY DTD. 19/05/2000 TO EXHIBIT P8 ADDITIONAL CHARGE MEMO. EXT.R5(D): COPY OF DRAFT STATEMENT PREPARED BY OFFICIAL OF AEO OFFICE. EXT.R5(E): COPY OF THE REPLY DTD. 14/09/2000TO EXHIBIT P10 SHOWCAUSE NOTICE. EXT.R5(F): COPY OF APPEAL SUBMITTED BEFORE THE D.D. EXT.R5(G): COPY OF THE APPLICATION SUBMITTED BEFORE HEADMASTER, MANAGER AND OTHER AUTORITIES THROUGH CERTIFICATE OF POSTING. EXT.R5(H)& (I):COPY OF THE POSTAL RECEIPT FOR SENDING EXT.R5(G). EXT.R5(J): COPY OF THE REQUEST TO THE 1ST RESPONDENT DTD. 10/11/07. EXT.R5(K): COPY OF THE LETTER NO.C/5627 DTD. 31/12/07. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.5732 OF 2000 & W.P(C).No.3978 OF 2005 ------------------------------------------- Dated this the 17th day of August, 2010 JUDGMENT The petitioner in O.P.5732/00, Smt.K.K.Sasikala, employed as an LPSA in a school of which the petitioner in W.P (C).3978/05 was the Manager, was removed from service. That decision was interfered with by the statutory authorities under the KER. That is challenged by the Manager in W.P(C). 3978/05. O.P.5732/00 filed by the teacher for arrears of pay, allowances etc, was pending and got tagged along with the other writ petition. With the passage of time, learned brother Justice P.R.Ramachandra Menon heard both the matters. Then it was submitted that the Government have conceded to the request of the teacher to permit her to voluntarily retire from service. The writ petitions were accordingly disposed of directing the OP.5732/00 & WPC.3978/05. 2 parties to abide by the Government decision. However, later, the Government found that at the relevant point of time, the teacher did not have the qualifying service for claiming minimum wages referable to voluntary retirement. Therefore, a review petition was filed and the judgment issued earlier in the writ petitions were recalled. With the passage of time, now the matter is before me. As of now, the teacher appears to have reached the sufficient bench mark of qualifying length of service to make a request for minimum pension or voluntary retirement and that she is withdrawing the earlier application made to the Government as that was incompetent. It is stated that a further application for voluntary retirement by counting her total service till 31.10.2009 is also filed. Both sides essentially agree that if the said application is considered favourably by the Government, the teacher could be given the benefit of voluntary retirement with minimum pension and that will bring an end to this litigation. OP.5732/00 & WPC.3978/05. 3 In the aforesaid circumstances, these writ petitions are ordered sustaining the order of the Government ordering reinstatement, however, without entering on merits, but for the limited purpose of enabling the Government to decide on the application of the teacher K.K.Sasikala for voluntary retirement by counting service till 31.10.2009 or any point of time thereafter. The Government will consider the matter expeditiously and issue orders at the earliest. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/08.