K P RAMA WARRIER Vs. SECRETARY TO GOVERNMENT
HIGH COURT OF KERALA
SECRETARY TO GOVERNMENT
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Cyriac Joseph,J. -
(1.) The challenge in the above two Writ Appeals is against a common judgment dated 20.12.2002 in O.P.Nos.14891/93 and 13312/94. Hence, both the appeals are being disposed of by a common judgment.
(2.) As per an order No.02/93 dated 27.1.1993 of the Manager, A.U.P.School, Pombra, Smt.M.J.lsamma, Teacher-in-charge of the post of Headmaster in A.U.P.School, Pombra was placed under suspension from 28.1.1993 F.N. onwards. A copy of the said order of the Manager was forwarded to the Asst. Educational Officer, Cherpulassery with the request for conducting an enquiry within 15 days in the presence of the Manager and permission for punishment. On receipt of copy of the said order dated 27.1.1993 of the Manager, the Asst. Educational Officer, Cherpulassery conducted a preliminary enquiry regarding the suspension of Smt.M.J.lsamma, on 11.2.1993. The Manager, the Headmaster, Smt.M.J.lsamma and all other teachers of the school except four teachers were present at the time of enquiry. Thereafter, the Asst. Educational Officer, Cherpulassery, as per his letter/order No.C/385 dated 12.2.1993 informed the Manager as follows:
From the enquiry I come to the conclusion that Smt.M.J.lsamma, had not violated the Kerala Education Rules, as stated by the Manager. She only implemented the orders of the Educational Authorities and also the orders of the District Collector, Palakkad. She had reported the details to the approved Manager of the school whenever necessary. Under the circumstances, the undersigned is pleased to order that the Manager is requested to withdraw the suspension of the teacher, and to reinstate the teacher from the date of suspension and intimate the fact to this office without delay. A detailed enquiry about the same may be conducted at the beginning of the next Academic year if the Manager wishes. Against the said order dated 12.2.1993 of the Asst. Educational Officer, the Manager filed a revision before the Government under Rule 92 of Chapter XIV-A K.E.R. The said revision was rejected by the Government as per G.O.Rt. No.5409/93/GE dated 1.10.1993. In the said order the Government upheld the order of the Asst. Educational Officer, Cherpulassery, directing the Manager to reinstate Smt.M.J.lsamma in service. Thereupon, the Manager filed O.P.No.14891/93 praying to quash the order dated 12.2.1993 of the Asst. Educational Officer and the Government Order dated 1.10.1993. The Manager also prayed for a direction to the Asst. Educational Officer, Cherpulssery to grant approval to the order of suspension of Smt.M.J.lsamma, pending detailed enquiry into her alleged misconduct.
(3.) Pursuant to the Government Order dated 1.10.1993, Smt.M.J.lsamma requested the Asst. Educational Officer to disburse her salary from the date of her suspension. As per an order dated 16.10.1993, the Asst. Educational Officer directed that the salary of Smt.M.J.lsamma from the date of suspension be released in pursuance of the powers conferred upon the Asst. Educational Officer under Rule 67(8) of Chapter XIV-A K.E.R. The Headmaster was directed to draw and disburse the salary of the teacher immediately. However, the teacher was neither reinstated not paid her salary. When the Asst. Educational Officer came to know about the filing of O.P.No.14891/1993 by the Manager challenging the orders of the Asst. Educational Officer and the Government, he issued an order No.C/385/93 dated 18.3.1994 withholding the salary of the teacher until final orders from the High Court. Thereupon, Smt.M.J.lsamma filed O.P.No.13312/94 praying to quash the order dated 18.3.1994 of the Asst. Educational Officer. She has also prayed for a declaration that the said order of the Asst. Educational Officer is illegal and without jurisdiction and that the petitioner is legally entitled to get salary as per Rule 67(8) of the Kerala Education Rules.;
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