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High Court of KeralaWP(C)/2627/2015disposed of

The Manager, v. State Of Kerala

2015-01-29Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2627 of 2015 (C) --------------------------- PETITIONER(S):

------------- THE MANAGER, JANATHA HIGHER SECONDARY SCHOOL, THEMPAMMOOD PULLAMPARA P.O., THIRUVANANTHAPURAM -695 607. BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.KANDAMPULLY RAHUL SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENT(S):

--------------

1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM - 695 001.

3. THE DISTRICT EDUCATIONAL OFFICER ATTINGAL - 695 003.

4. L.SUSHAMA, AGED 56 YEARS W/O.SREEKANDAN NAIR, KOVIL VILAKAM PANCHAYATH OFFICE ROAD, VENJARAMMOODU THIRUVANANTHAPURAM-695 003.

R BY GOVERNMENT PLEADER: SRI M A FAYAZ SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2627 of 2015 (C) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXT.P-1: A TRUE COPY OF ONE OF SUCH REQUEST PLACED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXT.P-2: A TRUE COPY OF THE NOTICE DATED 1.12.2014 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT EXT.P-3: A TRUE COPY OF THE EXPLANATION DATED 8.12.2014 EXT.P-4: A TRUE COPY OF THE MEMO OF CHARGES DATED 18.12.2014 ALONG WITH STATEMENT OF ALLEGATIONS ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT EXT.P-5: A TRUE COPY OF THE ORDER OF SUSPENSION DATED 18.12.2014 ISSUED BY THE PETITIONER EXT.P-6: A TRUE COPY OF THE EXPLANATION DATED 26.12.2014 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE PETITIONER EXT.P-7: A TRUE COPY OF THE ORDER DATED 14.1.2015 ISSUED BY THE 2ND RESPONDENT WHICH WAS RECEIVED BY THE PETITIONER ON 17.1.2015 RESPONDENT(S)' EXHIBITS:NIL

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.2627 of 2015 ============================ Dated this the 29th day of January, 2015

JUDGMENT

Petitioner, Manager of the Janatha Higher Secondary School, approached this Court aggrieved by Ext.P7 order passed by the Deputy Director of Education interfering with the suspension order passed by the Manager and reinstating the 4th respondent in service. By Ext.P7, Deputy Director of Education found that suspension is illegal and 4th respondent is liable to be reinstated. Petitioner submits that he shall avail alternate remedy of revision under Rule 92 of Chapter 14A of the Kerala Education Rules.

2.

In view of the above, this Court need not interfere with the order passed by the Deputy Director of Education. Petitioner can invoke statutory remedy before the Government. Petitioner has two fold contention, one is with respect to lack of jurisdiction and other relates to non application of mind. I am of the view, petitioner can raise these contentions before the Government in revision. Therefore, petitioner shall move the Government within seven days from the date of receipt of a copy of this judgment by invoking jurisdiction under Rule 92 of

W.P(C).No.2627 of 2015 Chapter XIVA of the Kerala Education Rules. Petitioner shall also move an application to stay the operation of Ext.P7 order before the Government. To work out petitioner's alternate remedy, the impugned order shall kept suspended for a period of two weeks from today.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/29/01/15