IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31105 of 2011(K) -------------------------- PETITIONER(S): --------------- J.SHERLY (UNDER SUSPENSION), W/O.K.V. BABU, AGED 47 YEARS, HEADMISTRESS, SNDSYUP SCHOOL, PANAVALLY P.O, POOCHAKKAL, CHERTHALA (RESIDING AT VAISAKHOM, POOCHAKKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, THURAVOOR, ALAPPUZHA DISTRICT-688 532. 3. THE MANAGER, SNDYUP SCHOOL, PANAVALLY - 688 526 P.O.,POOCHAKKAL, CHERTHALA, ALAPPUZHA DISTRICT. R1 & R2 BY G.P. SHRI M.A. FAYAZ ADV. SRI.S.SUBHASH CHAND FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT -P1. TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.23478/2011-H. DT.5.9.2011 EXHIBIT -P2 TRUE COPY OF THE PROCEEDINGS ORDER NO.C-2766/2011 OF THE ASSISTANT EDUCATION OFFICER, THURAVOOR. 30.9.2011 EXHIBIT -P3 TRUE COPY OF THE ORDER NO.10/11 OF THE MANAGER, SNDSY UP SCHOOL. DT.17.10.2011 EXHIBIT -P4 TRUE COPY OF THE LETTER OF THE MANAGER ALONG WITH CHARGE MEMO. 29.9.2011 EXHIBIT -P5 TRUE COPY OF THE EXPLANATION OF THE PETITIONER. DT.1.10.2011 EXHIBIT -P6 TRUE COPY OF THE APPEAL FILED BEFORE THE ASSISTANT EDUCATIONAL OFFICER. DT.17.10.2011 EXHIBIT -P7 TRUE COPY OF THE PHOTOGRAPHS. EXHIBIT -P8 TRUE COPY OF THE INTERIM ORDER IN WPC NO.27762/2011-U. DT.20.10.2011 EXHIBIT -P9 TRUE COPY OF THE ORDER NO.C/3656/2011 OF THE ASSISTANT EDUCATIONAL OFFICER. EXHIBIT -P9ATRUE COPY OF THE LETTER NO.37/11-12 OF THE PETITIONER. DT.27.10.2011 EXHIBIT -P10 TRUE COPY OF THE LETER NO.66626/H2/2011/G.EDN. OF THE GOVERNMENT DT.2.11.2011 EXHIBIT -P11. TRUE COPY OF THE LETTER NO.66626/H2/2011/G.EDN. OF THE GOVERNMENT RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER (ENDT. ON NO.C/3656/2011 OF THE ASST.EDN.OFFICER) DT.11.11.2011/16/11/2011 EXHIBIT -P12 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSED TO THE ASST. EDL.OFFICER. DT.17.11.2011 EXHIBIT -P13 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSED TO THE ASST.EDL.OFFICER. DT.18.11.2011 EXHIBIT -P14 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSED TO THE SUB INSPECTOR OF POLICE, POOCHAKKAL. DT.18.11.2011 EXHIBIT -P14A TRUE COPY OF THE ACKNOWLEDGEMENT OF THE POLICE DT.18.11.2011. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31105 of 2011 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2011. JUDGMENT This writ petition is filed by the petitioner challenging the order passed by the Government, produced as Ext.P11, whereby the Government has directed to keep in abeyance the order passed by the Assistant Educational Officer directing reinstatement of the petitioner, which is produced as Ext.P9. 2. Heard learned counsel for the petitioner, learned counsel appearing for the Manager and learned Government Pleader. 3. Learned counsel for the petitioner submitted that the petitioner, pursuant to the order passed by the Assistant Educational Officer, joined duty on 21.11.2011 and Ext.P9(a) is said to be the copy of the letter furnished to the Manager. It is submitted that salary was drawn by the petitioner and she presented the salary bills for the other teachers and has drawn and disbursed the salary. 4. Learned counsel for the Manager submitted that in Ext.P9 the direction is to the Manager to reinstate the petitioner. The Manager has availed the remedy by way of revision before the Government and has wpc 31105/2011 2 sought stay of the proceedings also. The Manager has not passed any order reinstating the petitioner and any action taken by the petitioner on her own, will not enure to her benefit. 5. The proceedings issued by the Government as per Exts.P10 and and P11 are dated 11.11.201. Ext.P10 is the notice issued to the petitioner to appear on 30.11.2011 at 2.30 p.m. for a hearing of the matter. Ext.P11 is the communication of the Assistant Educational Officer directing to keep in abeyance the proceedings Ext.P9 till the disposal of the revision petition. 6. Ext.P11 communicates only an interim order passed by the Government and the remedy of the petitioner is to move the Government itself for modification of the order, etc. Herein, she is directed to appear for hearing on 30.11.2011, already. Therefore, this Court at this stage, need not go into the contentious issues raised by both parties and I refrain from doing so. Learned counsel for the petitioner then prayed that the Government may be directed to pass appropriate orders on the application to be submitted by the petitioner for getting the interim order vacated. 7. If the petitioner files an application to vacate the interim order, the same will be considered by the Government and appropriate orders on the said application will be passed within ten days from 30.11.2011. Both parties will appear on the appointed day, (and time) viz. 30.11.2011 for wpc 31105/2011 3 hearing without fail. A copy of the petition proposed to be filed by the petitioner to vacate the interim order, will be furnished to the Manager within three days from today. The Manager will also communicate the copy of the revision petition to the petitioner. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/