Smt.Anila Rani.S.S. vs Saraswathi Vidyalaya on 4 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 522 of 2008(K)


1. SMT.ANILA RANI.S.S., "KRISHNA",
                      ...  Petitioner

                        Vs



1. SARASWATHI VIDYALAYA, SENIOR SECONDARY
                       ...       Respondent

2. THE PRINCIPAL, SARASWATHI VIDYALAYA,

3. THE CENTRAL BOARD OF SECONDARY EDUCATION

                For Petitioner  :SRI.S.RAMESH BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/01/2008

 O R D E R
                               S.SIRI JAGAN, J.


                           =======================

                             W.P.(C) No. 522   of 2008 (K)

                           =======================


                     Dated this the   4th  day of January, 2008




                                    JUDGMENT

By Ext.P15 order, the 2nd respondent terminated the

service of the petitioner as a teacher of the 1st respondent’s

school. According to the petitioner, this action of respondents 1

and 2 is actuated by malafides. Therefore, the petitioner seeks

the following reliefs:

“i) Issue a writ of certiorari calling for the records

leading upto Exhibit P15 and quash the same as

being malafide, based on extraneous considerations,

ultravires the powers of the 2nd respondent,

contrary to the byelaws relating to affiliation to the

CBSE as also in violation of Article 14 and 16 of the

Constitution.

ii) Issue a writ of mandamus commanding the 1st and

2nd respondent to reinstate the petitioner in service

as teacher in the Saraswathy Vidyalaya with all

consequential benefits.

iii) Issue a writ of mandamus commanding the 3rd

respondent to take necessary steps to ensure that

the petitioner is reinstated in service with all

consequential benefits thereof.”

2. I feel that it is more appropriate that the 3rd

W.P.(C) No. 522/2008/K -2-

respondent considers the matter first, in view of the fact that at

the time of earlier termination of service of the petitioner, this

Court has directed so. Accordingly, this writ petition is disposed

of with the following directions:

The petitioner shall file a suitable representation before the

3rd respondent within two weeks from the date of receipt of a

copy of this judgment. On receipt of the same, the 3rd

respondent shall consider the same and pass a just and

reasonable order after affording an opportunity of being heard to

the petitioner as well as the 3rd respondent. Such orders shall

be passed within a period of two months from the date of receipt

of a copy of this judgment.

S.SIRI JAGAN,

JUDGE

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