IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7243 of 2009(A) ------------------------- PETITIONER(S): ---------------------- NARAYANA PILLAI, C.R., AGED 55 YEARS, S/O. RAGHAVA PILLAI, ILLIMOOTTIL HOUSE, VETTATHOOR P.O., MELATTUR VIA, MALAPPURAM. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCTATION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATION OFFICER, MALAPPURAM. 4. THE MANAGER, A.M.U.P. SCHOOL, VETTATHOOR P.O.,MALAPPURAM. ADV. SRI.K.JAJU BABU FOR R4 SRI.T.R.SADEESAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ALONG WITH WP(C).NO.7678/2009 ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.7243/09 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE SUSPENSION ORDER DATED 15.10.07 ISSUED BY THE FOURTH RESPONDENT. EXHIBIT P2: COPY OF REPRESENTATION DATED 1.1.2009 SUBMITTED BEFORE THE THIRD RESPONDENT. EXHIBIT P3: COPY OF JUDGMENT IN WP(C).NO.593/09 DATED 8.1.2009 PASSED BY THIS HONOURABLE COURT. EXHIBIT P4: COPY OF ORDER NO.A5/4424/2008, DATED 21.1.2009 ISSUED BY THE THIRD RESPONDENT. EXHIBIT P5: COPY OF REPRESENTATION DATED 4.2.2009 SUBMITTED BEFORE THE RESPONDENTS 1, 2 AND 4 SENT THROUGH REGISTERED POST. RESPONDENTS' EXHIBITS: EXHIBIT R4(a): COPY OF INSPECTION REPORT SUBMITTED BY THE AEO ON 11.10.07. EXHIBIT R4(b): COPY OF MEMO OF CHARGES ISSUED TO THE petitioner BY THE FOURTH RESPONDENT. EXHIBIT R4(c): COPY OF ORDER NO.K.DIS.A5/2612/08 DATED 12.6.08 ISSUED BY THE DEO, WANDOOR. EXHIBIT R4(d): COPY OF REQUEST DATED 13.10.08 SUBMITTED BY THE FOURTH RESPONDENT TO THE DEO, WANDOOR. EXHIBIT R4(e): COPY OF JUDGMENT DATED 21.11.08 IN WP(C).NO.33491/08 OF THIS HONOURABLE COURT. EXHIBIT R4(f): COPY OF REVISION petition SUBMITTED BY THE FOURTH RESPONDENT BEFORE THE GOVERNMENT ON 9.2.09. /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7243 of 2009 & W.P(C).No.7678 of 2009 ----------------------------------------- Dated this the 12th March, 2009 JUDGMENT A common question arises in these Writ Petitions and the parties are also same. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioner in W.P(C).No.7678 of 2009 is the Manager of an aided school. The fourth respondent was the Headmaster. He was placed under suspension, pending disciplinary enquiry. A disciplinary enquiry was conducted and a report of enquiry obtained. The enquiry officer held that the charges levelled against him have been proved in the enquiry. The petitioner thereupon issued a show cause notice to the Headmaster calling upon him to show cause why the punishment of dismissal from service should not be imposed on him. The Headmaster gave a statement in reply. Since the reply received from the Headmaster was not acceptable to the Manager, he decided to seek prior permission of the District Educational Officer as required under Rule 74 of Chapter XIV- WP(C).7243 & 7678/09 2 A of the KER to impose the said punishment. The said requiest was declined by Exhibit P8 order. The Manager has thereupon filed Exhibit P9 revision petition before the Government. The Manager has, in W.P(C).No.7678 of 2009, prayed for a direction to the first respondent to consider Exhibit P9 revision petition and pass orders thereon, after affording him and the fourth respondent an opportunity of being heard. 3. The Headmaster has filed W.P(C).No.7243 of 2009 relying on the order passed by the District Educational Officer declining permission to impose on him the punishment of dismissal from service, seeking a direction to the respondents, including the Manager, to reinstate him in service. It is stated that the Headmaster has already attained 55 years of age and is continuing in service by virtue of the provisions contained in Rule 62 of Chapter XIV-A of the KER till the end of March, 2009. 4. Going by Exhibit P8 produced in W.P(C).No.7678 of 2009, I notice that there is no direction therein to reinstate the Headmaster in service. Under Rule 74 of Chapter XIV-A of the WP(C).7243 & 7678/09 3 KER, the Manager can impose the punishment of dismissal from service only with the previous sanction of the District Educational Officer in the case of Headmasters of Upper Primary Schools. In Haneefa v. State (1978 KLT SN 30) this Court has held that from the order passed by the District Educational Officer under Rule 74 of Chapter XIV-A KER, a revision petition will lie under Rule 92 to the Government. The Manager has invoked that remedy. Since the Manger has already challenged the order passed by the District Educational Officer declining prior sanction to impose on the Headmaster the punishment of dismissal from service, it would be premature for this Court to direct that the Headmaster should be reinstated in service forthwith. However, having regard to the fact that the Headmaster is to retire from service on 31.3.2009, I am inclined to dispose of these Writ Petitions with a direction to the Government to consider Exhibit P9 revision petition filed by the petitioner in W.P(C).No.7678 of 2009 and Exhibit P5 representation in W.P (C).No.7243 of 2009 filed by the Headmaster under suspension WP(C).7243 & 7678/09 4 and take a decision thereon expeditiously. Since the revision petition filed by the Manager and the representation made by the Headmaster seeking reinstatement in service will become infructuous, if no orders are passed before 31.3.2009, I direct that the Government shall pass orders in the matter on or before 25.3.2009. 5. The petitioner in W.P(C).No.7243 of 2009 shall produce a copy of this judgment along with a copy of the Writ Petitions before the Secretary to Government, General Education Department on or before 16.3.2009 so as to enable the Government to pass orders within the period stipulated above. Writ Petitions are disposed of as above. P.N.RAVINDRAN, JUDGE vgs.