IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 585 of 2010(W) ------------------------------------- PETITIONER(S): ----------------------- MARY VIJAYA.C. (UNDER SUSPENSION) U.P.S.A., LEO XIIITH H.S.S.PULLUVILA P.O., THIRUVANANTHAPURAM DISTRICT. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE ADV. SRI.P.K.MANOJKUMAR RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (H) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 3. THE MANAGER, LEO XIIITH H.S.S. PULLUVILA P.O., THIRUVANANTHAPURAM DISTRICT. 4. THE HEADMASTER, LEO XIIITH HIGHER SECONDARY SCHOOL AND ST.MARY'S LPGS PULLUVILA, PULLUVILA P.O., THIRUVANANTHAPURAM-695 526. R1 & R2 BY GOVT. PLEADER MR.DILIP MOHAN. R3 BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADV. SMT.NITA.N.S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 585 of 2010(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMO OF CHARGES NO.MV/001/2009 DATED 22/07/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE EXPLANATION DATED 13/08/2009 SUBMITTED BY THE PETITIONER BEFORE THE MANAGER THIRD RESPONDENT. EXT.P3: COPY OF THE SUSPENSION ORDER DATED 16/09/2009 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION DATED 17/09/2009 SUBMITTED BY THE PETITIONER TO THE D.E.O. NEYYATTINKARA. EXT.P5: COPY OF THE ORDER PASSED BY THE D.E.O. NO.B1/6725/09 DATED 29/09/2009. EXT.P6: COPY OF THE REPRESENTATION DATED 30/09/2009 SUBMITTED BY THE PETITIONER TO THE HEADMISTRESS LEO XIIITH H.S.S. PULLUVILA. EXT.P7: COPY OF THE MEMO OF CHARGES ORDER NO.MV/001/2009 DATED 22/10/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION DATED 02/11/2009 SUBMITTED BY THE PETITIONER TO THE D.E.O. NEYYATTINKARA. EXT.P9: COPY OF THE REPRESENTATION DATED 02/11/2009 SUBMITTED BY THE PETITIONER TO THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. EXT.P10: COPY OF THE REPRESENTATION DATED 02/11/2009 SUBMITTED BY THE PETITIONER TO THE DEPARTMENT OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. EXT.P11: COPY OF THE REPRESENTATION DATED 02/11/2009 SUBMITTED BY THE PETITIONER TO THE GOVERNMENT SECRETARY, GENERAL EDUCATION, THIRUVANANTHAPURAM. EXT.P12: COPY OF THE EXPLANATION DATED 09/11/2009 SUBMITTED BY THE PETITIONER TO MANAGER THIRD RESPONDENT. EXT.P13: COPY OF THE LETTER NO.71383/H1/09/G.EDN. DATED 09/12/2009 ISSUED BY THE GOVERNMENT TO THE 4TH RESPONDENT. EXT.P14: COPY OF THE COMMUNICATION NO.71383/H1/09/G.EDN. DATED 09/12/2009 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT. EXT.P15: COPY OF THE REPRESENTATION DATED 18/12/2009 SUBMITTED BY THE PETITIONER TO THE MINISTER FOR EDUCATION, KERALA STATE. EXT.P16: COPY OF THE ORDER NO.001/MV/09 DATED 19/01/2010 ISSUED BY THE MANAGER, LEO, XIIITH HIGHER SECONDARY SCHOOL, PULLUVILA. WP(C).No. 585 of 2010(W) EXT.P17: COPY OF THE ATTENDANCE REGISTER. EXT.P18: COPY OF THE ATTENDANCE REGISTER EXT.P19: COPY OF THE ATTENDANCE REGISTER EXT.P20: COPY OF THE ATTENDANCE REGISTER EXT.P21: COPY OF THE FRONT PAGE OF THE ATTENDANCE REGISTER EXT.P22: COPY OF THE STATEMENT GIVEN BY SOME OF THE STUDENTS EXT.P23: COPY OF THE DO. EXT.P24: COPY OF THE DO. EXT.P25: COPY OF THE DO. EXT.P26: COPY OF THE TEACHING MANUAL OF THE UP CLASSES. EXT.P27: COPY OF THE REPRESENTATION DATED 22/02/2010. EXT.P28: COPY OF THE RELIEVING ORDER DATED 30/01/2010. EXT.P29: COPY OF THE LETTER DATED 25/01/2010. EXT.P30: COPY OF THE REPRESENTATION DATED 08/02/2010. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE COMPLAINT FILED BY KUMARI SABITHA ANDREWS. EXT.R3(b): COPY OF THE REPORT OF THE PRINCIPAL. EXT.R3(c): COPY OF THE REVISION DATED 20/10/2009 FILED BY THE MANAGER BEFORE THE GOVERNMENT. EXT.R3(d): COPY OF THE ORDER OF THE GOVERNMENT DATED 16/01/2010. EXT.R3(e): COPY OF THE ORDER OF THE MANAGER DATED 19/01/2010. EXT.R3(f): COPY OF THE RELEVANT ENTRIES IN THE SERVICE BOOK. EXT.R3(g): COPY OF THE ATTENDANCE REGISTER. EXT.R3(h): COPY OF THE ACQUITANCE ROLL. //TRUE COPY// P.A. TO JUDGE rs. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 585 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2010 J U D G M E N T This writ petition has been filed mainly with the following prayers: i. To issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to re-instate the petitioner as UPSA in the Leo XIIIth HSS Pulluvila, Neyyattinkara forthwith. ii. To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 to 3 to pay to the petitioner the arrears of salary in the post of UPSA for the period from 30.9.2009 till re-instatement. 2. The learned senior counsel for the 3rd respondent submitted that during the pendency of this writ petition the petitioner was re-instated into the service and the arrears of salary were also paid. The learned senior counsel appearing for the petitioner has also endorsed the same. In short, the grievances raised in the writ petition have been redressed. Accordingly, the aforesaid submissions are recorded and this writ petition is closed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge