W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 8[TH] DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 ``` ## **`WP(C) NO. 33965 OF 2018`** ## **`PETITIONERS:`** |`1`|`ABDUL NAZAR P.K.`| |---|---| ||`AGED 48 YEARS`| ||`S/O.MUHAMMED, WORKING AS ARABIC TEACHER,`| ||`V.C.M. LOWER PRIMARY SCHOOL, VALLAPUZHA,`| ||`SHORNUR, PALAKKAD DISTRICT`| |`2`|`JAYAKUMAR K,`| ||`AGED 48 YEARS`| ||`S/O BALAKRISHNAN K, WORKING AS LOWER PRIMARY`| ||`SCHOOL ASSISTANT, V.C.M.LOWER PRIMARY SCHOOL,`| ||`VALLAPUZHA, SHORNUR, PALAKKAD DISTRICT.`| |`3`|`RAJALAKSHMI C,`| ||`AGED 44 YEARS, W/O SOMASUNDARAN NAIR K,`| ||`WORKING AS LOWER PRIMARY SCHOOL ASSISTANT,`| ||`V.C.M.LOWER PRIMARY SCHOOL,`| ||`VALLAPUZHA, SHORNUR, PALAKKAD DISTRICT.`| ||`BY ADV U.BALAGANGADHARAN`| |**`RESPONDENTS:`**|| |`1`|`THE ASSISTANT EDUCATIONAL OFFICER`| ||`SHORNUR, PALAKKAD DISTRICT 679121`| |`2`|`THE DISTRICT EDUCATIONAL OFFICER,`| ||`OTTAPPALAM,PALAKKAD DISTRICT-679101`| |`3`|`THE HEADMISTRESS,`| ||`V.C.M.LOWER PRIMARY SCHOOL,`| ||`VALLAPUZHA,SHORNUR,`| ||`PALAKKAD DISTRICT-679121.`| |`4`|`K.GEETHA,`| ||`HEADMISTRESS,VALLAPUZHA CHUNGAPILAKKAL`| ||`MAPPILA LOWER PRIMARY SCHOOL, VALLAPUZHA,`| ||`SHORNUR, PALAKKAD DISTRICT-679121.`| |`5`|`VALLAPUZHA CHUNGAPILAKKAL`| ||`MAPPILA LOWER PRIMARY SCHOOL,`| ||`VALLAPUZHA,SHORNUR,PALAKKAD DISTRICT-679 121,`| ||`REPRESENTED BY ITS MANAGER.`| 2 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` BY ADVS. GOVERNMENT PLEADER SRI.K.M.FAISAL SRI.P.M.JOSHI, SAJEEV KUMAR K.GOPAL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2023, ALONG WITH WP(C).34067/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` WEDNESDAY, THE 8[TH] DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 ``` ## **`WP(C) NO. 34067 OF 2018`** ## **`PETITIONER:`** ``` CHANDRALEKHA V. AGED 44 YEARS W/O.LATE SOMAN A, WORKING AS LOWER PRIMARY SCHOOL ASSISTANT, VALLAPUZHA CHUNGAPILAKKAL MAPPILA LOWER PRIMARY SCHOOL, VALLAPUZHA, SHORNUR, PALAKKAD DISTRICT. BY ADV SHRI.U.BALAGANGADHARAN ``` ## **`RESPONDENTS:`** ``` 1THE ASSISTANT EDUCATIONAL OFFICER SHORNUR, PALAKKAD DISTRICT - 679121. 2THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM, PALAKKAD DISTRICT 679 101 3THE HEADMISTRESS V C M LOWER PRIMARY SCHOOL, VALLAPUZHA, SHORNUR, PALAKKAD DISTRICT 679 121 4K. GEETHA, HEADMISTRESS, VALLAPUZHA CHUNGAPILAKKAL MAPPILA LOWER PRIMARY SCHOOL, VALLAPUZHA, SHORNUR, PALAKKAD DISTRICT 679 121. 5VALLAPUZHA CHUNGAPILAKKAL MAPPILA LOWER PRIMARY SCHOOL, VALLAPUZHA., SHORNUR, PALAKKAD DISTRICT-679 121, REPRESENTED BY ITS MANAGER BY ADVS. GOVERNMENT PLEADER SRI.K.M.FAISAL SRI.P.M.JOSHI SAJEEV KUMAR K.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2023, ALONG WITH WP(C).33965/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` WEDNESDAY, THE 8[TH] DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 WP(C) NO. 20136 OF 2020 ``` ## **`PETITIONER:`** ``` GEETHA K. AGED 52 YEARS W/O.V. KARUNAKARAN, HEAD MISTRESS, VCM LP SCHOOL, VALLAPUZHA, PALAKKAD 679 336, RESIDING AT KARUNYA, VALLAPUZHA P.O. PALAKKAD 679 336. BY ADV SAJEEV KUMAR K.GOPAL ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 1. 2DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014. 3DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN- 678 001. 4DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD-679 101. 5ASSISTANT EDUCATION OFFICER, SHORNUR, PALAKKAD- 679 337. 6SUKUMARAN NAIR, AGED 54 YEARS AEO, SHORNUR, MAGARISA, VADANAMKURUSSI, P.O. PALAKKAD DISTRICT 679 121. 7THE MANAGER, V.C.M.L.P. SCHOOL, VALLAPUZHA, PALAKKAD-679 336. BY ADVS. GOVERNMENT PLEADER SRI.K.M.FAISAL DR.GEORGE ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2023,A/W.WP(C)NO.34067 OF 2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` WEDNESDAY, THE 8[TH] DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 ``` ## **`WP(C) NO. 22238 OF 2022`** ## **`PETITIONER:`** ``` GEETHA K. AGED 54 YEARS W/O.V.KARUNAKARAN, HEAD MISTRESS, VCM LP SCHOOL, VALLAPUZHA, PALAKKAD - 679 336, RESIDING AT KARUNYA, VALLAPUZHA P.O., PALAKKAD - 679 336. BY ADV SAJEEV KUMAR K.GOPAL ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695 014. 3DEPUTY DIRECTOR OF EDUCATION PALAKKAD, PIN - 678 001. 4DISTRICT EDUCATIONAL OFFICER OTTAPALAM, PALAKKAD - 679 101. 5ASSISTANT EDUCATION OFFICER, SHORNUR PALAKKAD - 679 337. 6SMT.BINDU D/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 53 YEARS, ASSISTANT EDUCATION OFFICER, SHORNUR, PALAKKAD - 679 337. 7C.N.RAMESH BABU S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 53 YEARS, SENIOR SUPERINTENDENT, ASSISTANT EDUCATION OFFICE, SHORNUR, PALAKKAD - 679 337. 8THE MANAGER V.C.M.L.P.SCHOOL, VALLAPUZHA, PALAKKAD - 679 336. 9K.JAYAKUMAR S/O.NOT KNOWN TO THE PETITIONER, AGED ABOUT 53 YEARS, TEACHER, V.C.M.L.P.SCHOOL, VALLAPUZHA,PALAKKAD-679 336. ``` 6 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` BY ADVS. SRI.K.M.FAISAL, G.P DR.GEORGE ABRAHAM BALAGANGADGARAN UNIKKAT JOBY D JOSEPH ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2023, A/W.WP(C)NO.34067 OF 2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 7 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` WEDNESDAY, THE 8[TH] DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 ``` ## **`WP(C) NO. 23489 OF 2022`** ## **`PETITIONER:`** ``` GEETHA K, AGED 54 YEARS W/O. V. KARUNAKARAN, HEAD MISTRESS, VCM LP SCHOOL, VALLAPUZHA, PALAKKAD - 679 336, RESIDING AT KARUNYA, VALLAPUZHA P.O., PALAKKAD - 679 336. ``` ``` BY ADV SAJEEV KUMAR K.GOPAL ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM-1` - `2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM- 695 014.` - `3 DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN - 678 001.` - `4 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD-679 101.` - `5 ASSISTANT EDUCATION OFFICER SHORNUR, PALAKKAD - 679 337` - `6 SMT.BINDU B.T D/O.NOT KNOWN TO THE PETITIONER, AGED ABOUT 53 YEARS, ASSISTANT EDUCATION OFFICER, SHORNUR, PALAKKAD - 679 337.` - `7 THE MANAGER, V.C.M.L.P SCHOOL, VALLAPUZHA, PALAKKAD - 679 336.` - `8 K.JAYAKUMAR, S/O.NOT KNOWN TO THE PETITIONER, AGED ABOUT 53 YEARS, TEACHER,V.C.M.L.P SCHOOL, VALLAPUZHA, PALAKKAD - 679 336` 8 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` SRI.K.M.FAISAL, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2023, A/W.WP(C)NO.34067 OF 2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 9 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **P.V.KUNHIKRISHNAN, J.** =================================================== W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 =========================================================== Dated this the 8[th] day of March, 2023 ## **JUDGMENT** These five writ petitions are connected therefore, I am disposing of all these writ petitions by a common judgment. 2. First, I will narrate the facts in WP(C) No.20136 of 2020. The petitioner, Smt. Geetha.K, was the headmistress of V.C.M.L.P School (hereinafter referred to as the ‘School’), Vallappuzha in Palakkad. She was promoted to the post of headmistress on the retirement of the previous headmaster attaining superannuation. She assumed charge of the headmistress on 01.05.2015. She had been serving in the School since 1995 and according to the petitioner, she had not committed any misconduct or faced any disciplinary issues in her service, but right from the beginning of her 10 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 tenure as the headmistress she has been facing baseless allegations is the submission. The petitioner was placed under suspension by the manager from 12.09.2015 to 03.01.2017. She was again suspended with effect from 03.12.2018 and that suspension was cancelled on 01.07.2019. The petitioner approached this Court challenging the suspension order passed by the manager by filing WP(C) No.27240 of 2016, which was disposed of by directing the District Education Officer, Ottapalam to finalise the enquiry proceedings within two months. The petitioner was reinstated as the headmistress subsequent to Ext.P2 Government Order dated 09.11.2016. It is the case of the petitioner that though she was reinstated as the headmistress, the charge was not handed over to her to function effectively and her suspension period was also not regularised. Therefore, she again approached this Court to 11 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 redress her grievances by filing WP(C)No.14516 of 2018. Though the writ petition was allowed originally, the judgment was reviewed by the judgment dated 13.05.2018 by this Court in R.P No.880 of 2018 filed by the 6[th] respondent, The Manager. WP(C) No.14516 of 2018 was disposed of as per the judgment dated 12.11.2019 by directing the 5[th] Respondent, The Assistant Education Officer, Shornur to finalise the enquiry proceedings within a period of three months after providing sufficient opportunity to the petitioner and the manager. It is the case of the petitioner that the 6[th] respondent, Sri.Sukumaran Nair suppressed the material facts including Ext.P1 judgment and approached this Court by filing WP(C) No.12180 of 2020. The above writ petition was disposed of as per Ext.P3 judgment. It is the case of the petitioner that Ext.P3 judgment was delivered without issuing notice to the 12 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 petitioner. Ext.P4 is a notice of hearing issued to the petitioner with respect to the issue of regularisation of the period of suspension. Ext.P5 is the hearing notice pursuant to Ext.P3 judgment. It is the case of the petitioner that the 5[th] respondent, without furnishing copies of charges and exhibits, insisted the petitioner to file written statement before 24.08.2020 at 5 pm. Ext.P6 is the notice given by the 5[th] respondent. It is submitted that the petitioner submitted Ext.P7 to furnish copies of the documents and to grant sufficient time to submit the written statement. But it is the case of the petitioner that the 5[th] respondent without providing copies and without granting time asked the petitioner to get the copies as per the Right to Information Act, 2005. Ext.P8 is the letter issued by the 5[th] respondent to the petitioner. Thereafter on 17.09.2020, the petitioner was served with a show cause notice dated 08.09.2020 13 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 issued by the 7[th] respondent stating that he accepted the findings in the enquiry report and proposed to impose a penalty of reduction to a lower post permanently under Rule 65(iv) of Chapter XIV(A) of the Kerala Education Rules,1959 (hereinafter referred to as ‘KER’) and the petitioner was asked to make representation if any against the proposed penalty as stipulated under Rule 75(ii)(b) of Chapter XIV(A) of KER. Ext.P9 is the show cause notice. Ext.P10 is the enquiry report. According to the petitioner, Exts.P9 and P10 are issued without complying with the principles of natural justice. Hence, WP(C) No.20136 of 2020 is filed with the following prayers: _“_ i. Issue a writ of Certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibit-P10 enquiry report and quash the same. ii. Issue a writ of Certiorari or any other appropriate writ, order or direction and quash Exhibit-P9 show cause notice. iii. Issue a writ of mandamus or appropriate writ or direction to respondents Nos.1 to 3 to conduct the inquiry by any AEO other 14 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 than 6[th] respondent as AEO. iv. Issue an appropriate writ or order or direction to 5[th] respondent to issue the documents sought for by petitioner in Exhibit-P7. v. Issue an appropriate writ or order or direction to set aside or quash Exhibit-P8 issued by the 5[th] respondent. vi. Grant such other and further relief that this Hon'ble court may be pleased deem fit and proper in this case.” (sic) 3. WP(C) No.23489 of 2022 is filed by the same petitioner as in WP(C) No.20136 of 2020. The petitioner, in this case, is aggrieved by a show cause notice issued by the 7[th] respondent, The Manager of the School, on the instruction of the 4[th] and 5[th] respondents, The District Educational Officer and the Assistant Education Officer, Palakkad respectively to take action against the petitioner. Earlier, the petitioner was served with a show cause notice which was stayed by this Court in WP(C) No.20136 of 2020. Thereafter, Ext.P11 was issued in which it is stated that, Sri. K. Jayakumar the Senior Assistant teacher of the school is given the charge of the Headmaster and also the Drawing 15 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 and Disbursing Officer, with effect from 29.06.2022. He is the 8[th] respondent in this writ petition. It is also directed that the 8[th] Respondent will do the needful to get the eligible salary and other benefits to the teachers. Ext.P11 was issued by the 5[th] respondent on 29.06.2022. Ext.P18 was also issued on the same date which give the charge of noon meal also to the senior LPST, the 8[th] Respondent. The petitioner challenged Exts.P11 and P18 in this writ petition, which are the orders passed by the Assistant Education Officer, Shorunur. 4. WP(C) No.22238 of 2022 is filed by the same petitioner as in WP(C) Nos.20136 of 2020 and 23489 of 2022. She filed the above writ petition with the following prayers: “i. Issue a writ of Certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibit-P38 and Exhibit-P39 and quash the same. 16 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ii. Issue a writ of Certiorari or any other appropriate writ, order or direction and quash Exhibit-P36, show cause notice. iii. Issue a writ of Certiorari or any other appropriate writ, order or direction call for the records leading to Exhibit-41 and quash Exhibit-P41 and reinstate petitioner as DDO of V.C.M.L.P School; Vallappuzha so long as she is the HM of the school. iv. Issue appropriate writ or order or direction to the 9[th] respondent to hand over the attendance register of the V.C.M.L.P School; Vallappuzha to the petitioner forthwith. v. issue a writ of mandamus or appropriate writ or order or direction to the respondent No. 5 to disburse the salary of petitioner for the month of June 2022 and continue to pay the salary in future also. vi. issue a writ of mandamus or appropriate writ or order or direction to the 2[nd] respondent to take action against the respondents No. 5 and 9 in the matter of withholding the attendance register illegally. vii. issue a writ of mandamus or appropriate writ or order or direction to the respondents 6 to 9 to render cooperation and support to the petitioner for the smooth functioning of V.C.M.L.P School; Vallappuzha. viii. Grant such other and further relief that this Hon'ble court may be pleased to deem fit and proper in this case.” (SIC) 5. Ext.P36 in WP(C) No.22238 of 2022 is a show cause notice issued by the 8[th] Respondent, the Manager of the school stating that there are serious irregularities in the noon meal distribution in the school from the side of the 17 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 petitioner. Ext.P38 is a proceeding issued by the 5[th] respondent, The Assistant Education Officer, Palakkad to the 8[th] respondent by which the 5[th] respondent was directed to initiate disciplinary proceedings against the petitioner. Ext.P39 is another proceeding issued by the 3[rd] respondent, The District Educational Officer, to the 8[th] respondent for initiating disciplinary proceedings against the petitioner for the irregularities in noon meal distribution in the School. There is also a prayer in the writ petition to issue directions to the 5[th] respondent to disburse the salary of the petitioner from the month of June 2022 and to continue the pay the salary in future also. 6. W.P.(C). Nos.33965/2018 and 34067/2018 are writ petitions filed by the teachers in the school. According to them, they are entitled the benefits of the pay revision order dated 20.01.2016 issued by the Government of Kerala and they are entitled to the revised pay and other benefits. It is the case of 18 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 the petitioners in these writ petitions that they are getting salary in the light of Ext.P12 order passed by this Court. It is further submitted that The Headmistress of the School, Smt.Geetha.K is mismanaging the School as evident by several proceedings of respondents 1 and 2, that is, the District Educational Officer and the Assistant Education Officer. It is the case of the petitioners that the petitioners and other teachers are not getting their arrears of monetary benefits because of the mismanagement from the side of respondents 3 to 5. Therefore, these writ petitions are filed with the following prayers: ## W.P.(C). No.33965/2018 - (i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to disburse the arrears of pay and perquisites due to the Petitioners consequent to the Pay Revision order dated 20/1/2016 issued by the Government of Kerala to the Petitioners forthwith, so as to secure the ends of justice. - (ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to disburse the vacation training allowance due to the 19 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 Petitioners for the vacation training undergone by the Petitioners during the mid-summer vacation of the academic years 2016-17, 2017-18 and 2018-19 to the Petitioners forthwith, so as to secure the ends of justice. ## And - (iii) Such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case. ## _(SIC)_ ## W.P.(C). No.34067/2018 - (i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to disburse the arrears of pay and perquisites due to the Petitioner consequent to the Pay Revision order dated 20/1/2016 issued by the Government of Kerala to the Petitioner forthwith, so as to secure the ends of justice. - (ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to disburse the vacation training allowance due to the petitioner for the vacation training undergone by the petitioner during the mid-summer vacation of the academic years 2016-17, 2017-18 and 2018-19 to the Petitioner forthwith, so as to secure the ends of justice. - And - (iii) Such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case. **==> picture [33 x 12] intentionally omitted <==** ## 7. Heard Adv.Sajeev Kumar K. Gopal for the petitioners in 20 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 W.P.(C). Nos.20136/2020, 23489/2022 and 22238/2022, Adv. U.Balagangadharan for the petitioners in W.P.(C). Nos.33965/2018 and 34067/2018. I also heard Adv.Dr.George Abraham who appeared for the Manager of the school and the, the Government Pleader Adv.K.M.Faisal who appeared for the Offical Respondents. 8. The petitioner in W.P.(C). Nos.20136/2020, 23489/2022 and 22238/2022 is Smt.Geetha K. She contended that there is harassment from the side of the Manager and official respondents. It is submitted by Smt.Geetha K. that the Manager and the Department are issuing notice after notice against her in order to ensure that she is removed from the school. All the proceedings initiated against her are baseless is the submission. 9. First, I will consider the contentions of the petitioner in W.P.(C). No.20136/2020. In that writ petition, the impugned orders are Ext.P9 and P10. Ext.P10 is an enquiry report of the Assistant Educational Officer, Shornur dated 26.08.2020. Ext.P9 is the show cause notice issued by the Manager consequent to 21 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 Ext.P10 enquiry report. When this writ petition came up for consideration on 28.09.2020, this Court passed the following order: “The learned Government Pleader will obtain instructions as to if Ext.P10 had been issued after proper notice to the petitioner and after affording him necessary opportunity of being heard. List this matter for further consideration on 08.10.2020; Until which time, all further proceedings pursuant to Ext.P9 will stand deferred.” 10. Thereafter, when the matter came up for consideration on 08.10.2020, this Court extended the interim order until further orders. Therefore, the show cause notice issued by the Manager based on an enquiry report is stayed by this Court. The petitioner has got serious contentions against Ext.P10 enquiry report. According to the petitioner, the report is prepared by violating the principles of natural justice. It is also submitted that the formal procedure to be followed in an enquiry is not followed by the Assistant Educational Officer. I am of the considered opinion that the challenge of Smt.Geetha 22 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 K. against Ext.P10 need not be entertained by this Court at this stage for the simple reason that it is only an enquiry report. Ext.P9 is only a show-cause notice issued by the Manager based on Ext.P10 Enquiry Report. The petitioner can submit her explanation to Ext.P9 and thereafter if aggrieved by any consequential orders, the petitioner is free to challenge the same. If such a situation arises, the petitioner is free to challenge the legality of Ext.P10. This Court need not anticipate an order based on Ext.P9 show cause notice and this Court need not interfere with the enquiry report of the Assistant Education Officer. This Court in **State of Kerala and Others v. K. Ramakrishnan Nambiar [2007 (1) KHC 645]** observed as follows: “16. So far as the challenge against the enquiry report is concerned, we cannot subject it to judicial review. A reading thereof reveals that it is based on some evidence, which the inquiring authority has appreciated. We cannot sit in appeal over it. When there is some evidence to come to the conclusion therein, this Court cannot reverse the findings in that report. The report has to be accepted. That cannot be quashed.” 23 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 11. The Division Bench of this Court observed that a judicial review is not available against an enquiry report unless there are patent irregularities. In **Rani P. John v. State of Kerala and Others [2015 (4) KHC 824]** , this Court observed that no revision under Rule 92 Chapter XIV (A) of KER is maintainable against an enquiry report. Similarly, in **Rajan v. Sub Divisional Inspector of Post Offices [2002 KHC 263]** , this Court observed that intermediate challenges to interim proceedings during the pendency of disciplinary proceedings should be discouraged. Under such circumstances, in my opinion, this Court need not interfere with Ext.P10 enquiry report based on which Ext.P9 show-cause notice is issued. The counsel for Smt.Geetha K. also relied on the judgment of this Court in **Manager v. State of Kerala and Others [2012 (2) KHC 351]** and submitted that this Court narrated in detail the procedure to be followed in an enquiry against an aided school teacher. The counsel also submitted that Ext.P10 enquiry report will not stand in the light of the principle laid down by this Court 24 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 in **Manager’s case** (supra). I do not want to make any observations about the admissibility of Ext.P10. All the contentions of the petitioner against Ext.P10 are left open. The petitioner is free to submit her explanation to Ext.P9 and thereafter the Manager can proceed in accordance with law. 12. The counsel for the petitioner submitted that when the interim order deferring all further proceedings consequent to Ext.P9 is in force, the Manager issued Ext.P13 by which Smt.Geetha K. was reverted to the post of Lower Primary School Teacher permanently under Rule 65 (iv) of Chapter XIV(A) of KER. Counsel for the petitioner submitted that Ext.P13 will not stand in the light of the interim order passed by this Court. The counsel submitted that the interim order was passed by this Court on 28.09.2022 and Ext.P13 was issued with a prior date of 12.09.2020. But reference No.7 in Ext.P13 is an order dated 07.10.2020 of the Assistant Education Officer, Shornur. I feel there is force in the argument of the petitioner that the Manager issued Ext.P13 when the interim order passed by this 25 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 Court was in force. Moreover, from the facts especially reference No.7 in Ext.P13, it is clear that the Manager passed Ext.P13 with a prior date in it. I am of the opinion that Ext.P13 is to be set aside. The counsel appearing for the Manager fairly submitted that Ext.P13 can be set aside and the petitioner can submit her explanation to Ext.P9 show cause notice and the Manager will consider the same and take appropriate proceedings in accordance with law. Therefore, that writ petition can be disposed of by setting aside Ext.P13 and allowing the petitioner to submit her explanation to the show cause notice. 13. W.P.(C) No.22238/2022 is filed challenging Exts.P36, P38 and P39. Ext.P36 is a show cause notice issued by the Manager to Smt.Geetha K. based on Exts.P38 and P39 in which the Assistant Educational officer directed the Manager to take disciplinary proceedings against the petitioner in connection with the noon meal distribution in the School and for other alleged misconduct from the side of Smt.Geetha K. Several 26 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 contentions were raised in this writ petition by the petitioner and the counsel for the petitioner took me through several documents in this writ petition to substantiate that the allegations in Exts.P38, P39 and P36 will not stand. I am of the considered opinion that those contentions need not be considered by this Court at this stage. The petitioner has already submitted Exts.P29 to P31 before the 1[st] respondent. There can be a direction to consider those representations in accordance with law by giving notice to the petitioner. But I make it clear that the disciplinary authority can proceed in accordance with law unless there is any order from the Government or other statutory authorities interdicting the disciplinary proceedings. Petitioner has got a case that her salary is not paid to her since June, 2022. The petitioner is free to submit an additional representation to the 1[st] respondent by narrating the grievances and that also must be considered by the 1[st] respondent. 14. As far as W.P.(C)No.23489/2022 is concerned, the 27 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 prayer in that writ petition is to quash Exts.P11 and P18. As per Exts.P11 and P18, the District Educational Officer directed the Senior Assistant Teacher of the School namely Mr.K.Jayakumar to take charge of the Headmaster's post and noon meal distribution system. I think this writ petition need not be entertained by this court as the petitioner has got statutory remedy against Exts.P11 and P18. The petitioner can be given liberty to challenge the same in accordance with law. 15. The grievance of the petitioners in W.P.(C)Nos.33965 and 34067 of 2018 is that the arrears of pay and perquisites consequent to the Pay Revision order dated 20.01.2016 is not disbursed to the petitioners because of the negligence on the part of Smt.K.Geetha, who is the Headmistress. I am of the considered opinion that the petitioners in these writ petitions can approach the 1[st] respondent, The Assistant Education Officer with their grievances and the 1[st] respondent can consider the matter after giving notice to the petitioners, the Manager and the Headmistress in accordance with law. 28 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 Therefore, these writ petitions are disposed of in the following manner: i. W.P.(C)No.20136/2020 is disposed of by setting aside Ext.P13 order and also by allowing the petitioner to submit her explanations to Ext.P9 show cause notice, within a period of 30 days from the date of receipt of a certified copy of this judgment. Based on the same, the Manager is free to proceed in accordance with law. All the contentions of the petitioner in this writ petition are left open including the challenge against Ext.P10 enquiry report. ii. W.P.(C)No.22238/2022 is disposed of by directing the 1[st] respondent to consider and pass appropriate orders in Exts.P29 to P31. The petitioner is free to submit additional representation, if any, narrating the grievances raised in this case including the grievance of non-disbursal of her salary from the Month of June, 2022. The additional representation, if any, shall be 29 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 submitted before the 1[st] respondent within a period of one month from the date of receipt of a certified copy of this judgment. Once such a representation along with a copy of this judgment and a copy of this writ petition is received, the 1[st] respondent shall consider Exts.P29 to P31 along with the additional representation with notice to the petitioner, Manager and other affected parties, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. But I make it clear that the disciplinary authority can proceed in accordance with law, unless there is any order from the Government or other statutory authorities interdicting the disciplinary proceedings. iii. W.P.(C)No.23489/2022 is disposed of by granting liberty to the petitioner to challenge Exts.P18 and P11 before the appropriate statutory authorities and if any such representation is received by the authority 30 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 concerned, the same shall be considered in accordance with law, with notice to the petitioner. iv. W.P.(C)Nos.33965 and 34067 of 2018 are disposed of by allowing the petitioners in these cases to submit a representation narrating their grievances raised in these writ petitions before the 1[st] respondent in these cases, within a period of one month from the date of receipt of a copy of this judgment. Once such a representation is received along with a certified copy of this judgment, the 1[st] respondent shall consider those representations with notice to the petitioners, Manager and the Headmaster/Headmistress, and redress the grievance as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the representations. Sd/- **P.V.KUNHIKRISHNAN JUDGE** JV/DM 31 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`APPENDIX OF WP(C) 33965/2018`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT P1`|`THE TRUE COPY OF THE REPRESENTATION`| ||`DATED 10.1.2018 SUBMITTED BY THE`| ||`PETITIONER AND OTHER TEACHERS OF THE`| ||`FIFTH RESPONDENT SCHOOL TO THE FOURTH`| ||`RESPONDENT.`| |`EXHIBIT P2`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`12.9.2015 OF THE FIRST RESPONDENT.`| |`EXHIBIT P3`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`27.6.2016 OF THE FIRST RESPONDENT.`| |`EXHIBIT P4`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`4.7.2016 OF THE FIRST RESPONDENT.`| |`EXHIBIT P5`|`TRUE COPY OF THE ORDER DATED 29.7.2016`| ||`OF THE KERALA STATE COMMISSION FOR`| ||`PROTECTION OF CHILD RIGHTS.`| |`EXHIBIT P6`|`THE TRUE COPY OF THE INSPECTION REPORT`| ||`DATED 12.7.2016 PREPARED BY THE FIRST`| ||`RESPONDENT.`| |`EXHIBIT P7`|`THE TRUE COPY OF THE INSPECTION REPORT`| ||`DATED 22.9.2016 PREPARED BY THE FIRST`| ||`RESPONDENT`| |`EXHIBIT P8`|`THE TRUE COPY OF THE REPORT DATED`| ||`21.10.2016 PREPARED BY THE SECOND`| ||`RESPONDENT.`| |`EXHIBIT P9`|`THE TRUE COPY OF THE REPORT DATED`| ||`1.12.2016 PREPARED BY THE FIRST AND`| ||`SECOND RESPONDENTS.`| |`EXHIBIT P10`|`THE TRUE COPY OF THE REPRESENTATION`| ||`DATED 1.7.2016 SUBMITTED BY 3 TEACHERS`| ||`OF THE SCHOOLS TO THE FIFTH RESPONDENT`| ||`WITH COPY TO THE FIRST RESPONDENT.`| |`EXHIBIT P11`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`18.8.2016 ISSUED BY THE FIRST RESPONDENT`| ||`TO THE FIFTH RESPONDENT.`| |`EXHIBIT P12`|`THE TRUE COPY OF THE INTERIM ORDER DATED`| ||`6.1.2017 IN WPC NO 41005/2016 ON THE`| ||`FILES OF THIS HONOURABLE COURT.`| |`RESPONDENT EXHIBITS`|| |`EXHIBIT R4(a)`|`A TRUE COPY OF THE BILL NO. 000455.`| 32 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` PETITIONER EXHIBITS Exhibit P13A TRUE COPY OF CIRCULAR DATED 18/7/1017 ISSUED BY THE FIRST RESPONDENT Exhibit P14A TRUE COPY OF GO(P) 128/2017/FIN DATED 6/10/2017 Exhibit P15A TRUE COPY OF CIRCULAR DATED 23/4/2018 ISSUED BY THE GOVT. Exhibit P16A TRUE COPY OF CIRCULAR DATED 16/10/2018 ISSUED BY THE GOVT. RESPONDENT EXHIBITS Exhibit R4(i)THE TRUE COPY OF THE LETTER DATED 25-3- 2022 Exhibit R4(j)THE TRUE COPY OF THE LETTER DATED 1-4- 2022 4TH RESPONDENT SEND TO THE AEO/1ST RESPONDENT Exhibit R4(k)THE TRUE COPY OF THE LETTER DATED 21-5- 2022 SEND TO THE 2ND PETITIONER. ``` 33 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`APPENDIX OF WP(C) 34067/2018`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT P1`|`THE TRUE COPY OF THE REPRESENTATION`| ||`DATED 10/1/2018 SUBMITTED BY THE`| ||`PETITIONER AND OTHER TEACHERS OF THE`| ||`FIFTH RESPONDENT SCHOOL TO THE FOURTH`| ||`RESPONDENT`| |`EXHIBIT P2`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`12/9/2015 OF THE FIRST RESPONDENT`| |`EXHIBIT P3`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`27/6/2016 OF THE FIRST RESPONDENT`| |`EXHIBIT P4`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`4/7/2016 OF THE FIRST RESPONDENT`| |`EXHIBIT P5`|`TRUE COPY OF THE ORDER DATED 29/7/2016`| ||`OF THE KERALA STATE COMMISSION FOR`| ||`PROTECTION OF CHILD RIGHTS`| |`EXHIBIT P6`|`THE TRUE COPY OF THE INSPECTION REPORT`| ||`DATED 12/7/2016 PREPARED BY THE FIRST`| ||`RESPONDENT`| |`EXHIBIT P7`|`THE TRUE COPY OF THE INSPECTION DATED`| ||`22/9/2016 PREPARED BY THE FIRST`| ||`RESPONDENT`| |`EXHIBIT P8`|`THE TRUE COPY OF THE REPORT DATED`| ||`21/10/2016 PREPARED BY THE SECOND`| ||`RESPONDENT`| |`EXHIBIT P9`|`THE TRUE COPY OF THE REPORT DATED`| ||`1/12/2016 PREPARED BY THE FIRST AND`| ||`SECOND RESPONDENT`| |`EXHIBIT P10`|`THE TRUE COPY OF THE REPRESENTATION`| ||`DATED 1/7/2016 SUBMITTED BY 3 TEACHERS`| ||`OF THE SCHOOL TO THE FIFTH RESPONDENT`| ||`WITH COPY TO THE FIRST RESPONDENT`| |`EXHIBIT P11`|`THE TRUE COPY OF THE PROCEEDINGS DATED`| ||`18/8/2016 ISSUED BY THE FIRST RESPONDENT`| ||`TO THE FIFTH RESPONDENT`| |`EXHIBIT P12`|`THE TRUE COPY OF THE INTERIM ORDER DATED`| ||`6/1/2017 IN W.P(C) NO. 41005/2016 ON THE`| ||`FILES OF THIS HONOURABLE COURT.`| 34 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` RESPONDENT EXHIBITS EXT R1ACOPYOFRELEVANTPAGESOF GO(P)7/2016/FIN.DTD 20.1.2016 EXT R1BCOPY OF ORDER NO.B/1892/2015 DTD 15.12.2018 EXHIBIT R4(A) A TRUE COPY OF BILL NO.000456. Exhibit R4(b)THE TRUE COPY OF THE LEAVE APPLICATION WITH MEDICAL CERTIFICATE TO THE 1ST RESPONDENT. Exhibit R4(c)THE TRUE COPY OF THE LETTER DATED 10-01- 2022 SUBMITTED BY THIS RESPONDENT TO THE 1ST RESPONDENT Exhibit R4(d)THE LETTER DATED 28-01-2022 SUBMITTED BY THIS RESPONDENT TO THE 1ST RESPONDENT. Exhibit R4(e)THE TRUE COPY OF THE STAFF COUNCIL MEETING HELD ON 25-1-2022 IS PRODUCED Exhibit R4(f)THE COPY OF THE LETTER DATED 16-02-2022 Exhibit R4(g)TRUE COPY OF THE LETTER DATED 19-02-2022 Exhibit R4(h)THE TRUE COPY OF THE LETTER DATED 19-02- 2022 TO THE DDE PALAKKAD ``` 35 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`APPENDIX OF WP(C) 20136/2020`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT P1`|`THE TRUE COPY OF THE JUDGMENT DATED`| ||`24.11.2016 IN WPC NO. 27240/16.`| |`EXHIBIT P2`|`THE TRUE COPY OF THE GOVERNMENT ORDER`| ||`DATED 9.11.2016.`| |`EXHIBIT P3`|`THE TRUE COPY OF THE JUDGMENT DATED`| ||`30.06.20 IN WPC NO. 12180 OF 2020.`| |`EXHIBIT P4`|`THE TRUE COPY OF THE NOTICE DATED 16.7.20`| ||`OF 5TH RESPONDENT TO THE PETITIONER.`| |`EXHIBIT P5`|`THE TRUE COPY OF THE NOTICE DATED 12.8.20`| ||`OF 5TH RESPONDENT TO PETITIONER.`| |`EXHIBIT P6`|`THE TRUE COPY OF THE LETTER DATED 20.8.20`| ||`OF 5TH RESPONDENT TO PETITIONER.`| |`EXHIBIT P7`|`THE TRUE COPY OF THE LETTER DATED 21.8.20`| ||`OF PETITIONER TO 5TH RESPONDENT.`| |`EXHIBIT P8`|`THE TRUE COPY OF THE LETTER DATED 25.8.20`| ||`OF 5TH RESPONDENT TO PETITIONER.`| |`EXHIBIT P9`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE`| ||`DATED 25.8.20 OF 7TH RESPONDENT TO`| ||`PETITIONER.`| |`EXHIBIT P10`|`THE TRUE COPY OF THE ENQUIRY REPORT DATED`| ||`26.8.20.`| |`EXT P11:`|`COPY OF JUDGMENT DTD 12.11.2019 IN WPC`| ||`NO.14516/2018 OF THIS COURT`| |`EXT P12:`|`COPY OF REPLY DTD 16.12.2019 SENT BY THE`| ||`PETITIONER`| |`EXT P13:`|`COPY OF ORDER DTD 12.9.2020 ISSUED BY R7`| |`EXT P14:`|`COPY OF SAID CONTEMPT NOTICE DTD`| ||`21.10.2020`| |`RESPONDENT EXHIBITS`|| |`EXHIBIT R7(a)`|`TRUE COPY OF THE COMMUNICATION ISSUED BY`| ||`THE ASSISTANT EDUCATIONAL OFFICER DATED`| ||`18/8/2016`| |`EXHIBIT R7(b)`|`TRUE COPY OF THE COMMUNICATION ISSUED BY`| ||`THE DIRECTOR OF PUBLIC INSTRUCTION DATED`| ||`15/11/2017`| 36 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` EXHIBIT R7(c)TRUE COPY OF THE COMMUNICATION ISSUED BY THE DPI DATED 23/5/2018 EXHIBIT R7(d)TRUE COPY OF THE COMMUNICATION DATED 27/9/2018 ISSUE BY DEPUTY DIRECTOR OF EDUCATION, PALAKKAD EXHIBIT R7(e)TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 22/8/2019 EXHIBIT R7(f)TRUE COPY OF THE FRESH MEMO ISSUED TO THE PETITIONER DATED 1/11/2019 EXHIBIT R7(g)TRUE COPY OF COMMUNICATION ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER DATED 12/8/2020 EXT R5(a)COPY OF AEO SHORNUR LETTER DTD 20.8.2020 ADDRESSED TO SMT.GEETHA.K ``` 37 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`APPENDIX OF WP(C) 22238/2022`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE JUDGMENT DATED 24-11-`| ||`2016 IN W.P. (C) NO.27240/16`| |`Exhibit P2`|`THE TRUE COPY OF THE GOVERNMENT ORDER`| ||`DATED 9-11-2016.`| |`Exhibit P3`|`THE TRUE COPY OF THE JUDGMENT DATED 12-11-`| ||`2019 IN W.P. (C) NO.14516 OF 2018.`| |`Exhibit P4`|`THE TRUE COPY OF THE JUDGMENT DATED 30-8-`| ||`20 IN W.P. (C) NO.12180 OF 2020.`| |`Exhibit P5`|`THE TRUE COPY OF THE NOTICE DATED 16-7-`| ||`2018 OF 5TH RESPONDENT TO THE PETITIONER.`| |`Exhibit P6`|`THE TRUE COPY OF THE LETTER DATED 20-8-20`| ||`OF 5TH RESPONDENT TO PETITIONER.`| |`Exhibit P7`|`THE TRUE COPY OF THE LETTER DATED 21-8-20`| ||`OF PETITIONER TO 5TH RESPONDENT.`| |`Exhibit P8`|`THE TRUE COPY OF THE LETTER DATED 25-8-20`| ||`OF 5TH RESPONDENT TO PETITIONER.`| |`Exhibit P9`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE`| ||`DATED 08-09-20 OF 7TH RESPONDENT TO`| ||`PETITIONER.`| |`Exhibit P10`|`THE TRUE COPY OF THE ENQUIRY REPORT DATED`| ||`26-8-20.`| |`Exhibit P11`|`THE TRUE COPY OF THE ORDER DATED 28-09-`| ||`2020 IN W.P. (C) NO.20136 OF 2020.`| |`Exhibit P12`|`THE TRUE COPY OF THE REPORT DATED 27-1-`| ||`2021 SUBMITTED BY THE PETITIONER TO THE`| ||`HON'BLE COMMISSION.`| |`Exhibit P13`|`THE TRUE COPY OF THE ORDER DATED 22-7-2021`| ||`IN`<br>`C.R.M.P`<br>`NO.6486/9/C2/2020/`| ||`KESCPCR214/9/C2/ 2020/KESCPCR ISSUED BY`| ||`HON'BLE COMMISSION.`| |`Exhibit P14`|`THE TRUE COPY OF THE DETAILED REPORT DATED`| ||`13-122021 BY REGISTERED POST TO THE KERALA`| ||`STATE COMMISSION FOR PROTECTION OF CHILD`| ||`RIGHT.`| |`Exhibit P15`|`THE TRUE COPY OF THE LETTER DATED 9-2-2022`| ||`BY PETITIONER TO 5TH RESPONDENT.`| 38 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 |`Exhibit P16`|`THE TRUE COPY OF THE LETTER DATED 19-01-`| |---|---| ||`2022 ISSUED BY THE 5TH RESPONDENT TO THE`| ||`PETITIONER.`| |`Exhibit P17`|`THE TRUE COPY OF THE LETTER DATED 19-2-`| ||`2022 BY PETITIONER TO 4TH RESPONDENT.`| |`Exhibit P18`|`THE TRUE COPY OF THE LETTER DATED 22-2-`| ||`2022 ISSUED BY 5TH RESPONDENT TO THE`| ||`PETITIONER.`| |`Exhibit P19`|`THE TRUE COPY OF THE LETTER DATED 24-2-`| ||`2022 ISSUED BY 5TH RESPONDENT TO THE`| ||`PETITIONER.`| |`Exhibit P20`|`THE TRUE COPY OF THE LETTER DATED 26-2-`| ||`2022 ISSUED BY 5TH RESPONDENT TO THE`| ||`PETITIONER.`| |`Exhibit P21`|`THE TRUE COPY OF THE LETTER DATED 2-3-2022`| ||`BY PETITIONER TO 5TH RESPONDENT IS`| ||`PRODUCED.`| |`Exhibit P22`|`THE TRUE COPY OF THE LETTER DATED 3-3-2022`| ||`BY PETITIONER TO PRINCIPAL SECRETARY`| ||`GENERAL EDUCATION.`| |`Exhibit P23`|`THE TRUE COPY OF THE COMPLAINT/LETTER`| ||`DATED 3-3-2022 BY PETITIONER TO 2ND`| ||`RESPONDENT.`| |`Exhibit P24`|`THE TRUE COPY OF THE LETTER DATED 3-3-2022`| ||`BY 5TH RESPONDENT TO THE PETITIONER.`| |`Exhibit P25`|`THE TRUE COPY OF THE REPLY DATED 22-3-2022`| ||`TO 5TH RESPONDENT.`| |`Exhibit P26`|`THE TRUE COPY OF THE LETTER DATED 25-3-`| ||`2022 BY 5TH RESPONDENT TO THE PETITIONER.`| |`Exhibit P27`|`THE TRUE COPY OF THE REPLY DATED 1-4-2022`| ||`TO 5TH RESPONDENT.`| |`Exhibit P28`|`THE TRUE COPY OF THE LETTER DATED 21-5-`| ||`2022 TO MR.K JAYAKUMAR.`| |`Exhibit P29`|`THE TRUE COPY OF THE LETTER DATED 14-3-22`| ||`SENT TO THE DIRECTOR OF GENERAL`| ||`EDUCATION/2ND RESPONDENT.`| |`Exhibit P30`|`THE TRUE COPY OF THE LETTER DATED 14-3-22`| ||`SENT TO THE SECRETARY GENERAL EDUCATION.`| |`Exhibit P31`|`THE TRUE COPY OF THE LETTER DATED 3-3-22`| ||`SENT TO THE PRINCIPAL SECRETARY GENERAL`| 39 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` EDUCATION. ``` ||`EDUCATION.`| |---|---| |`Exhibit P32`|`THE TRUE COPY OF THE STAFF COUNCIL MEETING`| ||`DATED 3-1-2022`| |`Exhibit P33`|`THE TRUE COPY OF THE STAFF COUNCIL MEETING`| ||`DATED 25-1-2022 .`| |`Exhibit P34`|`THE TRUE COPY OF THE A LETTER DATED 9-3-`| ||`2021 TO THE PETITIONER SENT TO THE 5TH`| ||`RESPONDENT.`| |`Exhibit P35`|`THE TRUE COPY OF THE LETTER DATED 26-3-`| ||`2021 SENT TO THE 3RD RESPONDENT.`| |`Exhibit P36`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE`| ||`DATED 21-3-2022 RECEIVED FROM THE 8TH`| ||`RESPONDENT.`| |`Exhibit P37`|`THE TRUE COPY OF THE EXPLANATION BY LETTER`| ||`DATED 4-4-2022 TO THE 8TH RESPONDENT.`| |`Exhibit P38`|`THE TRUE COPY OF THE LETTER DATED 25-2-`| ||`2022 SHOWN AS REFERENCE NO.3 IN EXHIBIT-`| ||`P37.`| |`Exhibit P39`|`THE TRUE COPY OF THE LETTER DATED 02-03-`| ||`2022 SHOWN AS REFERENCE NO.4 IN EXHIBIT-`| ||`P37.`| |`Exhibit P40`|`THE TRUE COPY OF THAT LETTER DATED 26-4-`| ||`2022 FROM 8TH RESPONDENT.`| |`Exhibit P41`|`THE TRUE COPY OF THE THE SALARY BILL DATED`| ||`1-72022 FOR THE TEACHERS OF VCMLP SCHOOL`| ||`VALLAPUZHA`<br>`SUBMITTED`<br>`BY`<br>`THE`<br>`7TH`| ||`RESPONDENT.`| |`RESPONDENT EXHIBITS`|| |`EXHIBIT R5(a)`|`TRUE COPY OF THE LETTER DATED 07/01/2022`| ||`ISSUED BY THE TEACHERS TO R5`| |`EXHIBIT R5(b)`|`TRUE COPY OF THE LETTER DATED13/01/2022`| ||`ISSUED BY THE TEACHERS TO THE DISTRICT`| ||`EDUCATIONAL OFFICER, PALAKKAD`| |`Exhibit R 9 [ b ]`|`A true copy of the letter of Assistant`| ||`Educational Officer [ A.E.O. ] dated`| ||`3..3..2022`| |`Exhibit R 9 [ c ]`|`A true copy of the letter of Assistant`| ||`Educational Officer [ A.E.O. ] dated`| ||`7..3..2022`| |`Exhibit R 9 [ f ]`|`A true copy of the order of the A.E.O`| 40 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` dated 29.6.2022 ``` ``` Exhibit R 9 [ d ]A true copy of the letter of Assistant Educational Officer [ A.E.O. ] dated 25..3.2022 Exhibit R 9 [ a ]A true copy of the letter of Assistant Educational Officer [ A.E.O. ] dated 26.2..2022 ``` ``` Exhibit R 9 [ e ]A true copy the letter of the deponent [ 9th respondent ] to Assistant Educational Officer , Shoranur dated 3..4..2022 ``` ``` Exhibit R 9 [ g ]A true copy of the reports dated 26.8.2022 issued by the 9th respondent to Assistant Educational Officer [ A.E.O. ] ``` ``` Exhibit R 9 [ j ]A true copy of the report dated 23.12..2022 issued by the 9th respondent. to A.E.O ``` ``` Exhibit R 9 [ h ]A true copy of the report dated 15..12...2022 issued by the 9th respondent to A E O ``` ``` Exhibit R 9 [ i ]A true copy of the report dated 21..12...2022 issued by the 9th respondent to The Manager V V M L P school. ``` ``` PETITIONER EXHIBITS Exhibit-P14True copy of the complaint submitted by the petitioner on 31-10-2022 along with the letter dated 26-03-2022 ``` 41 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ## **`APPENDIX OF WP(C) 23489/2022`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE TRUE COPY OF THE JUDGMENT DATED 24-11-`| ||`2016 IN W.P. (C) NO.27240/16`| |`Exhibit P2`|`THE TRUE COPY OF THE LETTER DATED 25-8-`| ||`2020 23 ISSUED BY THE 5TH RESPONDENT TO`| ||`THE PETITIONER`| |`Exhibit P3`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE`| ||`DATED 8-9-2020 ISSUED BY 7TH RESPONDENT TO`| ||`PETITIONER`| |`Exhibit P4`|`THE TRUE COPY OF THE ENQUIRY REPORT DATED`| ||`26-8-2020 OF THE 5TH RESPONDENT`| |`Exhibit P5`|`THE TRUE COPY OF THE INTERIM ORDER IN W.P.`| ||`(C) NO.20136 OF 2020 BY THE HON'BLE HIGH`| ||`COURT`| |`Exhibit P6`|`THE TRUE COPY OF THE LETTER DATED 3-3-22`| ||`SENT 34BY PETITIONER TO THE PRINCIPAL`| ||`SECRETARY GENERAL EDUCATION`| |`Exhibit P7`|`THE TRUE COPY OF THE STAFF COUNCIL MEETING`| ||`DATED 03 -01- 2022 OF VCM LP SCHOOL`| |`Exhibit P8`|`THE TRUE COPY OF THE STAFF COUNCIL MEETING`| ||`DATED 25-1-2022 OF VCM LP SCHOOL`| |`Exhibit P9`|`THE TRUE COPY OF THE SHOW CAUSE NOTICE`| ||`DATED 21-3-2022 ISSUED BY 7TH RESPONDENT`| ||`TO PETITIONER`| |`Exhibit P10`|`THE TRUE COPY OF STAY ORDER DATED 8-7-2022`| ||`IN W.P.(C) NO.22238 OF 2022 BY HON'BLE`| ||`HIGH COURT`| |`Exhibit P11`|`THE TRUE COPY NO.B/122/2022/DATED 29-6-`| ||`2022 OF OF THE IMPUGNED IMPUGNED ORDER`| ||`ISSUED BY 5TH RESPONDENT`| |`Exhibit P12`|`THE TRUE COPY OF THE I.A.NO.1 /2022 DATED`| ||`4923-2-2022 IN W.P.(C) NO.33965/2018`| |`Exhibit P13`|`THE TRUE COPY OF THE COUNTER AFFIDAVIT`| ||`DATED 19-3-2022 FILED BY THE PETITIONER IN`| ||`I.A.NO.1/22 IN W.P.(C) | NO.33965/2018 IN`| ||`W.P.(C) NO.33965/2018`| |`Exhibit P14`|`THE TRUE COPY OF THE ADDL. COUNTER`| 42 W.P.(C) Nos.33965, 34067 of 2018, 20136 of 2020, 22238 and 23489 of 2022 ``` AFFIDAVIT DATED 11-6-2022 FILED BY THE PETITIONER IN I.A.1/22 ``` ``` Exhibit P15THE TRUE COPY OF THE I.A.NO.1 /2022 DATED 23-2-2022 IN W.P.(C) NO.34067/2018 Exhibit P16THE TRUE COPY OF THE COUNTER AFFIDAVIT DATED 18-3-2022 FILED BY THE PETITIONER IN I.A.NO.1/22 IN WP 34067/2018 Exhibit P17THE TRUE COPY OF THE APPLICATION DATED 12- 07-2022 BY PETITIONER UNDER RI ACT. Exhibit P18THE TRUE COPY OF THE IMPGUNED ORDER IS ISSUED BY THE 5TH RESPONDENT IN PURSUANCE OF EXHIBIT-P11 Exhibit P19THE TRUE COPY OF THE APPLICATION DATED 13- 07-2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P20THE TRUE COPY OF THE APPLICATION DATED 13- 07- 2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P21THE APPLICATION DATED 13-07-2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P22TRUE COPY OF THE LETTER DATED 06-06-2022 SEND TO THE 7TH RESPONDENT Exhibit P23THE TRUE COPY OF THE LETTER DATED 06-06- 2022 SEND BY THE PETITIONER TO THE 7TH RESPONDENT Exhibit P24THE TRUE COPY OF THE LETTER DATED 06-06- 2022 SEND BY THE PETITIONER TO 5TH RESPONDENT ```