LEELAMONY Vs. S N TRUST

JUDGEMENT

(1.) These matters relate to a teacher employed in a private college under a corporate management governed by the provisions of the Kerala University Act, 1974, for short, the 'Act', and the statutes framed thereunder. Hereinafter, we refer to her as 'the teacher'. The teacher's husband, while Principal of a college under the same management faced disciplinary proceedings. He got a favourable interlocutory judicial order and approached the management requesting to give effect to it. Allegedly, he was subjected to some physical restraint. That appears to have led his wife, the teacher, to go over to the headquarters of the management. The allegation is that she behaved in a rude and unruly manner by making some utterances against the management and by creating a scene by detaining some of the officials of the management It appears that the husband's demotion from the category of Principal to that of Selection Grade Lecturer was interfered with by this Court and the Apex Court has affirmed such interference.

(2.) The aforesaid allegations against the teacher led to disciplinary proceedings, including domestic enquiry through an advocate. The disciplinary authority accepted the findings in the enquiry and imposed the punishment of barring of two increments with cumulative effect. The teacher challenged it before the Tribunal constituted under the Act. The Tribunal affirmed the management's decision, holding that the only argument raised, the one based on sub-s.(4) of S. 60 of that Act, was unsustainable and that there is no ground to interfere with the findings of the enquiry officer. She has challenged that decision of the Tribunal by filing C.R.P.364/11.

(3.) In the mean while, the teacher who was then working in S.N. College, Kollam was transferred from there. She appealed against that to the Vice-Chancellor and obtained an order requiring the management to consider her request to post her back to her home college. The management has challenged that decision in W.P.C).4790/11. The teacher has filed W.P.C).37376/10 seeking an order compelling the management to comply with the Vice-Chancellor's direction. Hearing learned counsel for parties in those Writ Petitions, the learned Single Judge had issued a direction, as an interim measure, ordering the management to comply with the order of the Vice-Chancellor. Stated to be in obedience to that, the management transferred the teacher to S.N. College for Women, Kollam. By now, she is again brought to S.N. College, Kollam. Thus, the issues arising for decision in W.P.C).Nos. 4790/11 and 37376/10 have turned out to be merely academic. Hence, those Writ Petitions are treated as infructuous for all intents and purposes. They are accordingly closed.