IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 22 of 2009(S)
1. J.VALSALA, W/O.VASUDEVAN NAIR, 55 YEARS
... Petitioner
Vs
1. REV. PAUL DAVID THOTTATHIL, CORPORATE
... Respondent
2. SONGSTER MARTIN U., HEADMASTER,
For Petitioner :SRI.V.RAJENDRAN
For Respondent :SRI.BABU JOSEPH KURUVATHAZHA
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/03/2009
O R D E R
K.T.SANKARAN, J.
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C.O.C.No.22 of 2009
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Dated this the 11th day of March, 2009
JUDGMENT
This contempt case is filed by the Writ Petitioner, a teacher,
against the Manager and the Headmaster of the School alleging
that the respondents willfully and deliberately violated the
directions contained in the judgment and disobeyed the orders.
2. As per the order in the Writ Petition, the order passed
by the Manager was quashed. It was held that when the
Assistant Educational Officer passes an order under Sub Rule 8
of Rule 67 of Chapter XIV A of the Kerala Education Rules, the
Manager would have no jurisdiction to exercise his power of
suspension under Rule 67(1) of Chapter XIV A or under Section
12(2) of the Kerala Education Act. It was also held that “the
petitioner would be entitled to all the consequential benefits
including arrears of salary and continuity in service”.
3. In spite of the judgment and in spite of the fact that
the judgment was confirmed in Writ Appeal No.2180 of 2008, the
Manager issued Annexure 7 order dated 23rd December 2008,
the operative portion of which reads as follows:
“In the above circumstances, by virtue of the
COC 22 of 2009 2
powers vested in me as the Corporate Manager of
all CSI Schools, after considering various aspects
in totality, in the interest of justice and in the
interest of education, I am imposing the following
minor punishments to Smt.J.Valsala under the
provisions of Rule 76 of Chapter XIV A of KER
1959.
(a) To withheld two increments without
cumulative effect for a period of one year
effective from 18.12.2007(F.N.).
(b) To treat the suspension period with effect
from 18.12.2007 (F.N.) until the
reinstatement on 5.6.2008 (F.N.) as `Leave
Without Allowances’ and to convert the
temporary reinstatement into regular
reinstatement effective from 5.6.2008.”
4. Annexure 7 is justified by the Manager saying that his
power to take disciplinary proceedings is not affected by the
judgment in the Writ Petition and it is so made clear in the
judgment in the Writ Appeal. However, clause (b) of Annexure 7
as quoted above is clearly in violation of the judgment. Probably
realising this and realising the fact that there is no escape from
the proceedings in contempt, the Manager, as a last resort,
withdrew from his earlier stand and issued Annexure R1(a) dated
5.3.2009 deleting clause (b) from the last paragraph of
Annexure 7. What remains is clause (a) of Annexure 7 which is
unconnected with the prayer in the Writ Petition. Therefore, it
cannot be said that the contempt case has to be proceeded with
against the Manager, though technically speaking, Annexure 7
COC 22 of 2009 3
was issued in violation of the directions in the judgment in the
Writ Petition. The Manager has tendered apology for the same.
5. As regards the Headmaster, he takes the view that he
need not obey the orders of the court, but he need only obey the
Manager. The Manager has now realised the mistake and has
withdrawn from his earlier stand. But, the Headmaster does not
know whether he should do so. Naturally, he will also follow the
Manager as he has expressed his view earlier. The Headmaster
has also tendered unconditional apology.
I do not think it is necessary to proceed with the case.
Accordingly, the Contempt Case is closed without prejudice to
the right of the petitioner to challenge Annexure 7 order. It is
made clear that the disposal of this Contempt Case would not be
taken as an approval of the order withholding of increments.
The Contempt Case is closed only since the barring of
increments was not within the scope of the Writ Petition.
The Contempt Case is disposed of as above.
K.T.SANKARAN,
JUDGE
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