IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13980 of 2010(V)
1. SMT.OMANA SREE RAM,
... Petitioner
Vs
1. THE DIRECTOR OF VOCATIONAL HIGHER
... Respondent
2. A.G.HARINDRANATH,
3. THE STATE OF KERALA,
For Petitioner :SRI.A.N.RAJAN BABU
For Respondent :SRI.V.A.MUHAMMED
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).Nos.13980 & 20860 OF 2010
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Dated this the 12th day of October, 2010
JUDGMENT
A.G.Hareendranath is a non vocational teacher
in English in Kuzhikkalidavaka Vocational Higher
Secondary School, Karimbinpuzha, Kollam.
Hareendranath was placed under suspension by the
Manager as per the order dated 28.11.2009. The
Manager forwarded the papers to the Director of
Vocational Higher Secondary Education, who granted
permission to continue the suspension as per the
order dated 31.12.2009. The order reads as
follows:
“1. The action of the Manager in having
suspended Sri.Hareendranath Non Vocational
Teacher in English can be approved subjected
to the condition that the disciplinary
action against him shall be completed
immediately so as to reinstate him in
service.
2. The action of the Manager in having
redesignated a Vocational Teacher as
Principal avoiding the present HM cannot be
admitted as this is against existing
Government Orders. But the Manager can
continue disciplinary action against the
Principal as per rules.
3. The Manager can submit detailed statements
if she desires so to the undersigned.”
W.P.(C).Nos.13980 &
20860 OF 2010 2
2. It would appear that Hareendranath submitted
a representation to the Director of Vocational
Higher Secondary Education, probably before the
order dated 31.12.2009 was passed. Hareendranath
filed W.P.(C)No.10373 of 2010 alleging that the
said representation was not disposed of. W.P.(C)
No.10373 of 2010 was disposed of as per Ext.P9
judgment dated 26.3.2010 directing the Director of
Vocational Higher Secondary Education to dispose of
the representation. According to the learned
counsel appearing for Hareendranath, pursuant to
the judgment dated 26th March, 2010 in W.P.(C)
No.10373 of 2010, the Director of Vocational Higher
Secondary Education conducted a hearing on
26.5.2010, but no orders were passed.
3. The Director of Vocational Higher Secondary
Education passed an order dated 30.3.2010, which
reads as follows:
“Inviting your attention to the refs. cited,
you are directed to reinstate
Sri.A.G.Hareendranath, NVT in English, withW.P.(C).Nos.13980 &
20860 OF 2010 3immediate effect, upon receipt of this
letter.”
4. Though the order dated 30.3.2010 was passed
after the disposal of the W.P(C)No.10373 of 2010 on
26.3.2010, it would appear that the disposal of W.P
(C) No.10373 of 2010 was not brought to the notice
of the Director.
5. In WP(C)No.20860 of 2010 filed by
Hareendranath, the main relief sought for is to
reinstate him with retrospective effect. That
prayer is on the basis of the order dated 30.3.2010
passed by the Director. In WP(C) No.13980 of 2010
filed by the Manager, Omana Sreeram, the main
relief sought for by her is to quash the order
dated 30.3.2010 passed by the Director. The
Manager has also challenged G.O(MS)
No.31/10/Gl.Edn. dated 24.2.2010 by which the
Government was conferred the disciplinary power
over teaching and non teaching staff of aided
Vocational Higher Secondary Schools.
W.P.(C).Nos.13980 &
20860 OF 2010 4
6.Sri.A.N.Rajan Babu, the learned counsel
appearing for the Manager submitted that before
passing the order dated 30.3.2010, the Director did
not afford an opportunity of being heard to the
Manager. This statement is not disputed either by
the learned counsel appearing for Hareendranath or
by the learned Government Pleader. If that is the
position, the order dated 30.3.2010 passed by the
Director, which is marked as Ext.P10 in W.P.(C)
Nos.20860 of 2010 and 13980 of 2010 is liable to be
quashed. I do so. The order dated 30.3.2010 passed
by the Director is hereby quashed.
7. Now what remains is that the Director has to
pass orders after hearing the teacher,
Hareendranath, and the Manager. The Director of
Vocational Higher Secondary Education shall hear
both parties and pass appropriate orders within a
period of two months from the date of receipt of a
copy of the judgment.
W.P.(C).Nos.13980 &
20860 OF 2010 5
8. As stated earlier, the Manager has also
challenged in the Writ Petition filed by her, the
Government Order dated 24.2.2010. Advocate
Sri.Rajan Babu submitted that since the order dated
30.3.2010 passed by the Director is quashed, this
contention raised by the Manager challenging the
Government Order can be relegated to be raised at
the appropriate stage in appropriate proceedings.
The petitioner is permitted to do so.
9. The respective petitioners shall produce a
copy of the Writ Petition and certified copy of the
judgment before the Director.
The Writ Petitions are disposed of as above.
K.T.SANKARAN,
JUDGE.
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