IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 OP.No. 5732 of 2000(G) ----------------------------------- PETITIONER(S): ------------------------ K.K.SASIKALA, ASSNT.TEACHER, SREE RAMA VILASAM L.P.SCHOOL, CHERUTHAZHAM, P.O.MANDUR, KANNUR DISTRICT. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. THE MANAGER, SREE RAMA VILASAM L.P.SCHOOL, CHERUTHAZHAM, P.O.MANDUR, KANNUR DISTRICT. 2. THE HEAD MASTER, SREE RAMA VILASAM L.P.SCHOOL, CHERUTHAZHAM, P.O.MANDUR, KANNUR DISTRICT. 3. THE ASSNT.EDUCATIONAL OFFICER, MADAYI, P.O.MADAYI, KANNUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. 5. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.O.V.MANIPRASAD R3 TO R6 BY GOVERNMENT PLEADER SRI.LAKSHMI NARAYANAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/08/2010 ALONG WITH WPC NO. 3978 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP. NO. 5732/2000 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMO DTD. 3/11/1997 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE REPLY DTD. 20/12/1997 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE SUSPENSION ORDER DTD. 3/1/1998 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER DTD. 19/01/1998 ISSUED BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD.23/01/1998. EXT.P6: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 17/02/1998. EXT.P7: COPY OF THE ORDER BY THE 1ST RESPONDENT DTD. 2/05/1998. EXT.P8: COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 6/07/1998. EXT.P9: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD. 3/11/1998. EXT.P10: COPY OF THE CHARGE MEMO ISSUED BY THE 1ST RESPONDENT DTD. 13/03/2000. EXT.P11: COPY OF THE MEMO OF CHARGES ISSUED BY THE 1ST RESPONDENT DTD. 27/03/2000. EXT.P12: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 31/03/2000. Kss ..2/- ...2.... O.P.NO.5732/2000 G EXT.P13: COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT DTD. 21/03/2000. EXT.P14: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD.29/3/2000. EXT.P15: COPY OF THE ORER NO.E.6951/97 DTD. 27/03/2000. EXT.P16: COPY OF THE MEMO OF CHARGES ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 9/05/2000. EXT.P17: COPY OF THE REPLY ISSUED BY THE PETITIONER DTD.19/05/2000. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE APPEAL PREFERRED BY THIS DEPONENT BEFORE THE 4TH RESPONDENT DTD. 27/01/1998. EXT.R1(B): COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER TO THIS DEPONENT ON 16/02/98. EXT.R1(C): COPY OF THE G.I.R. AND THE F.I.STATEMENT IN CRIME NO. 37/2000 OF THE PAZHAYANGADI POLICE STATION. EXT.R1(D): COPY OF THE COMPLAINT MADE TO THIS DEPONENT BY THE HEADMISTRESS ON 10/03/2000. EXT.R1(E): COPY OF COMPLAINT MADE BY THE HEADMASTER IN CHARGE OF THE SCHOOL ON 7/03/2000 TOTHIS DEPONENT. EXT.R1(F): COPY OF THE PETITION FILED BY 4 TEACHERS OF THE SCHOOL ON 6/03/2000 TO THIS DEPONENT. EXT.R1(G): COPY OF THE COMPLAINT MADE BY THE PRESIDENT OF THE PARENT TEACHERS' ASSOCIATION TO THIS DEPONENT ON 8/03/2000. EXT.R1(H): COPY OF THE ORDER NO.SRVLPS/DIS.ACTION 99-2000/1ST. PILATHARA DTD. 13/03/2000. EXT.R1(I): COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DTD. 30/05/2000. EXT.R1(J): COPY OF THE REPRESENTATION DTD. 27/03/2000 SUBMITTED BY THE PARENTS OF THE STUDENTS STUDYING IN THE SCHOOL. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.5732/2000-G & W.P.(C).No.3978/2005-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2008. J U D G M E N T The matter concerns disciplinary proceedings taken against a teacher, who is the petitioner in O.P.No.5732/2000 and also the fifth respondent in W.P.(C).No.3978/2005. W.P.(C).No.3978/2005: 2. On certain allegations, the teacher was subjected to disciplinary enquiry and, by order Ext.P12 dated 29/05/2003, the disciplinary authority ordered removal from service with effect from 26/08/2000 (i.e. the date of acknowledgment of show-cause notice). Prior to that, by Ext.P11 permission was given by the District Educational Officer to remove her from service in terms of Rule 75(2) of Chapter XIV A of KER. That was under challenge before the Deputy Director, who by Ext.P13 order, dismissed the appeal of the teacher. The same was challenged by her before the Government by filing revision petition. The Government by Ext.P15 order allowed the revision petition in her favour and the Manager was directed to reinstate her in service immediately by setting aside the orders of the District Educational Officer. This is under challenge in this writ petition O.P. No.5732/2000 & W.P.(C).No.3978/2005 -:2:- and this Court had passed an order of stay of operation of Ext.P15 on 03/02/2005. In O.P.No.5732/2000 the prayers relate to various service benefits, which she claimed while the disciplinary proceedings were pending. 3. It is submitted by the learned counsel appearing for the fifth respondent/teacher that she is prepared to avail voluntary retirement from service and, accordingly ,seeking voluntary retirement and for minimum pension she has filed Ext.R5(j). But the Assistant Education Officer rejected the same by Ext.R5(k), stating that the order of stay is in force in W.P.(C). No.3978/2005 and, as on the date of suspension, namely, 13/03/2000, she had only 13 years of service. It is prayed that the fifth respondent may be allowed to avail voluntary retirement and, therefore, she will not press for reinstatement pursuant to Ext.P15. It is submitted that since she is ordered to be reinstated in service, her period of service may be regularised. 4. The learned counsel appearing for the petitioner in W.P.(C). No.3978/2005 i.e. the Manager, has no objection to the above course. Therefore, W.P.(C).No.3978/2005 is disposed of in the following terms:- The application for voluntary retirement, submitted by the fifth respondent dated 10/11/2007, [R5(j)] will be acted upon by the Manager and appropriate orders allowing her application will be passed by the O.P. No.5732/2000 & W.P.(C).No.3978/2005 -:3:- Assistant Educational Officer. Since the disciplinary proceedings have been set aside by Ext.P15, the period of suspension from 13/03/2000 till the date of Ext.R5(j), will be counted as qualifying service for the limited purpose of allowing her application and she will be allowed minimum pension counting the above service. Since she is availing voluntary retirement from service, she will be eligible for grant of other service benefits, if any, pursuant to Ext.P15. Appropriate orders shall be passed within six weeks from the date of receipt of the copy of this judgment. For enabling the Assistant Educational Officer to pass fresh orders, Ext.R5(k) will stand set aside. The Manager will take necessary action for the due implementation of the above directions. Accordingly, appropriate orders for regularising her service from the date of suspension till the date of voluntary retirement also be passed along with other proceedings to be issued as ordered above. O.P.No.5732/2000: In the light of the judgment in W.P.(C). No.3978/2005, no further orders are called for in O.P.No.5732/2000 and the same is closed. No costs. (T.R. Ramachandran Nair, Judge.) O.P. No.5732/2000 & W.P.(C).No.3978/2005 -:4:- ms O.P. No.5732/2000 & W.P.(C).No.3978/2005 -:5:- T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.5732/2000-G & W.P.(C).No.3978/2005-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 1 8 t h D e c e m b e r , 2 0 0 8 .