IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23478 of 2011(H) -------------------------- PETITIONER(S): --------------- J.SHERLY,W/O.K.V.BABU,AGED 47 YEARS, HEADMISTRESS,SNDSYUP SCHOOL,PANAVALLY PO, POOCHAKKAL,CHERTHALA (R/AT VAISAKHOM,PO POOCHAKKAL CHERTHALA,ALAPPUZHA DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, THURAVOOR,ALAPPUZHA DISTRICT 688 532. 3. THE MANAGER,SNDSYUP SCHOOL, PANAVALLY 688 526, PO POOCHAKKAL,CHERTHALA, ALAPPUZHA DISTRICT. ADV. SRI.S.SUBHASH CHAND FOR R3 SMT.V.AJITHA FOR R3 GOVERNMENT PLEADER, SHRI V.VIJULAL FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23478 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER OF THE PETITIONER. EXT.P2 TRUE COPY OF THE LETTER OF THE MANAGER OF THE SCHOOL. EXT.P3 TRUE COPY OF THE LETTER OF THE PETITIONER. EXT.P4 TRUE COPY OF THE LETTER OF THE PETITIONER. EXT.P5 TRUE COPY OF THE LETTER OF THE MANAGER OF THE SCHOOL. EXT.P6 TRUE COPY OF THE LETTER OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE DECISION REPORTED IN 2009(4)KLT611 RESPONDENTS' EXTS: EXT.R3(a) TRUE COPY OF THE MEMO DT.7/2/2011 ISSUED BY RESPONDENT NO.3 TO THE PETITIONER. EXT.R3(b) TRUE COPY OF THE UNDATED REPLY SUBMITTED BY THE PETITIONER TO EXT.R3(a) EXT.R3(c) TRUE COPY OF THE NOTICE DT.11/5/2011 ISSUED BY RESPONDENT NO.2 EXT.R3(d) TRUE COPY OF THE REQUEST DT.9/5/2011 SUBMITTED BY THE PETITIONER. EXT.R3(e) TRUE COPY OF THE COMMUNICATION DT.20/05/2011 ISSUED BY THE THIRD RESPONDENT. EXT.R3(f) TRUE COPY OF THE APPLICATION DT.09/6/2011 FOR COMMUTED LEAVE SUBMITTED BY THE PETITIONER. EXT.R3(g) TRUE COPY OF THE RELINQUISHMENT LETTER ISSUED BY SMT.K.P.USHA WITH EFFECT FROM 04/08/2011 EXT.R3(h) TRUE COPY OF THE ORDER DT.5/8/2011 PASSED BY RESPONDENT.NO.3. EXT.R3(i) TRUE COPY OF THE COVERING LETTER DT.8/8/2011 SUBMITTED BY RESPONDENT.NO.3 BEFORE RESPONDENT.NO.2 EXCLUDING ENCLOSURES. EXT.R3(j) TRUE COPY OF THE COMMUNICATION DT.9/8/2011 ISSUED BY THE PETITIONER TO RESPONDENT NO.3 EXT.R3(k) TRUE COPY OF THE APPLICATION FOR LEAVE UPTO 31/08/2011. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23478/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of September, 2011 J U D G M E N T This writ petition is filed by the petitioner seeking to quash Ext.P5 and a further direction to the respondents to permit the petitioner to continue as Headmistress of the third respondent's school. 2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the Manager who has appeared and filed a counter affidavit. 3. The petitioner's case in short is as follows:- The petitioner was promoted as Headmistress of the school on 27/04/2007 and is continuing as such. Ext.P1 is the request submitted by the petitioner to get reverted from the post of Headmistress as Upper Primary School Assistant, allegedly, according to the pressure and compulsion from the third respondent-Manager. Ext.P2 is the communication issued by the third respondent to the petitioner stating that the request for reversion as Upper Primary School Assistant W.P.(C). No.23478/2011 -:2:- is under active consideration of the Management and necessary steps will be taken after the fixation of staff of the school. The same is dated 20/05/2011. Ext.P3 is the relinquishment letter submitted by the petitioner dated 04/08/2011. 4. According to the petitioner, she has submitted withdrawal letter dated 09/08/2011 as evidenced by Ext.P4. In the meanwhile, the petitioner was given a communication by the Management as per Ext.P5, clarifying that her relinquishment letter has been accepted by the Management and she has been reverted as U.P.S.A. with effect from 04/08/2011. 5. It is submitted by the learned counsel for the petitioner that the petitioner has filed appropriate representation before the Assistant Educational Officer as per Ext.P6 seeking for a direction to continue her as Headmistress of the School. Reliance is placed on various decisions of this Court and Rule 48 of Chapter XIV A of Kerala Education Rules to contend for the position that the Assistant Educational Officer has to grant approval for the relief of the petitioner. W.P.(C). No.23478/2011 -:3:- 6. Therefore, what is evident from the plea is the change of stand by the petitioner by withdrawing the letter dated 04/08/2011. 7. Learned counsel for the Manager invited my attention to the true facts that have been stated in the counter affidavit filed by the Manager. Firstly, during the tenure of the petitioner, the Republic Day celebrations for this year, namely, on 26/01/2011, was not held in the school against which certain complaints were received by the Director of Public Instruction from some parents and there were further correspondences in the matter between the petitioner and the Manager. The other fact is that the petitioner expressed her willingness to be reverted when she was told about the complaints and the proposed action in the matter. Therefore, it is pointed out that it is not a case where pressure was exerted by the Manager for submitting the letters which resulted in the petitioner agreeing for reversion. 8. Learned Government Pleader on getting instructions submitted that on the representation W.P.(C). No.23478/2011 -:4:- Ext.P6, a report has been sought for from the Manager and the same is awaited. 9. The learned counsel for the Manager submitted that already various documents have been forwarded to the Assistant Educational Officer including Ext.R3(h) whereby the petitioner has been reverted and another teacher has been appointed as the Headmistress of the school. 10. Evidently, the matter is pending before the Assistant Educational Officer who will have to pass appropriate orders after hearing the parties. This Court on 29/08/2011 has passed an order to maintain status quo as regards the petitioner which is continuing. It is evident from the pleadings that she had availed leave upto 31/08/2011 and joined pursuant to the interim order passed by this Court. The Assistant Educational Officer will hear the parties and pass appropriate orders within a period of three weeks. Till such orders are passed, status quo as regards the petitioner as Headmistress will continue. Learned counsel for the Manager sought for a clarification that W.P.(C). No.23478/2011 -:5:- the status quo ordered by this Court may not stand in the way of the Manager initiating disciplinary action in the matter. It is open to the Manager, if he thinks fit, to initiate disciplinary action against the petitioner in accordance with law. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms