LAWS(KER)-2012-2-133

E.K. DHANANJAYAN THAMPAN SECRETARY, KADATHANAD RAJAS HIGH SCHOOL, PURAMERI VADAKARA, KOZHIKODE DISTRICT Vs. A.K. VIJAYAKRISHNA VARMA RAJA MANAGER, KADATHANAD RAJS HIGH SCHOOL, PURAMERI VADAKARA, KOZHIKODE DISTRICT - 673101,

Decided On February 13, 2012
E.K. Dhananjayan Thampan Secretary, Kadathanad Rajas High School, Purameri Vadakara, Kozhikode District Appellant
V/S
A.K. Vijayakrishna Varma Raja Manager, Kadathanad Rajs High School, Purameri Vadakara, Kozhikode District - 673101, Respondents

JUDGEMENT

(1.) THE petitioner is a clerk in Kadathanad Raja's Higher Secondary School and is the Secretary of a Committee constituted for the management of the Kadathanad Raja's High School, the most important item of the property which was subject matter of suit for partition O.S. No. 1 of 1964 on the files of the Sub Court, Vadakara. It was this court which entrusted to the managing committee the management of the school under Ext. P1 order dated 1 -7 -1994 passed in C.M.P. No. 059 of 1994 in A.S. No. 143 of 1994 pending before this Court. The present writ petition seeking reliefs in respect of an order passed by the Manager of the School against the petitioner was made over to this Court by order dated 11th January 2012 in view of its connection with A.S. No. 143 of 1994. The first respondent in the writ petition is Sri. A.K. Vijayakrishna Varma Raja alias Valiyaraja, the Manager of the High School. The second respondent is the Headmistress of the School and is Ex -officio Member of the Managing Committee. The third respondent is the D.E.O. Vadakara and the fourth respondent is the Secretary to Government in the General Education Department. On 21 -11 -2011 the first respondent Manager suspended the petitioner from the post of Clerk of Kadathanad Raja's High School. The petitioner filed Writ Petition No. 31341 of 2011 before this Court seeking quashment of the suspension order on various grounds. However, even before the merits of the grounds raised in the writ petition were considered by this Court, the third respondent D.E.O. by his order dated 2 -12 -2011 marked as Ext. P14 in the writ petition, revoked the order of suspension and declined the request of the first respondent to continue the suspension beyond the period of 15 days. When Writ Petition No. 31341 of 2011 came up for consideration before this Court, it was submitted by the learned Government Pleader on the basis of instructions from the D.E.O. that Ext. P14 order was already passed by the D.E.O. on the basis of an enquiry conducted in the matter and that the suspension order has been revoked with a direction to reinstate the petitioner with immediate effect. In view of the above submission of the learned Government pleader this Court disposed of the writ petition taking the view that the petitioner has already been granted relief. Ext. P9 is copy of the judgment in that writ petition.

(2.) THE present writ petition has been filed seeking the following reliefs:

(3.) WE have heard Sri. M.C. Sen, learned senior counsel for the writ petitioner, Sri. Devan Ramachandran, learned counsel for the first respondent, Sri. Augustine Areakkattel, learned counsel for the second respondent Headmistress and Sri. C.R. Syamkumar, learned senior Government Pleader for respondents 3 and 4.