CORPORATE MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) The Manager of the Corporate Educational Agency of the Diocese of Kanjirappally, as the first petitioner; and Sr.Thresiamma T.D., who is working as a Lower Primary School Teacher (LPST) in the "St.Antony's High School" managed by the said Corporate Agency, as the second petitioner, has approached this Court impugning Exts.P9 and P17 orders, through which, the latter has been placed under suspension on various allegations, including that the third respondent National Commission for Protection of Child Rights (NPCR) has recommended the same, since she had caned certain students.

(2.) The petitioners say that even though no disciplinary action was in contemplation or had been initiated at the relevant time or even thereafter until today, the second petitioner was placed under suspension without any valid or cogent reason, merely based on the unsubstantiated allegations against her which, she says, has been proved to be baseless when one examines the final report settled by the Police, namely Ext.P18.

(3.) The petitioners, thereafter, say that, on the basis of an interim order of this Court dated 17.12.2012, the second petitioner was reinstated in service, but that no action was subsequently taken to have the period of 131 days, when she was kept illegally under suspension, regularised. They submit that, however, pending this lis, the District Educational Officer (DEO) has issued Ext.P19, whereby, the afore period of 131 days has been regularised, treating the first hundred days as being "half pay leave" and the balance 31 days as "loss of pay leave". The petitioners contend that this order is wholly illegal and unlawful; and thus pray that Exts.P9 and P17 be set aside, as also the consequential Ext.P19 order of the DEO; and to direct the respondents to treat the entire period of suspension of the second petitioner as being duty.