2025:KER:26181 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12073 OF 2025 PETITIONER: SHANOJ C. G AGED 49 YEARS SON OF C. M. GEORGE, HEADMASTER, HIGH SCHOOL PENGAMUKKU, THRISSUR DISTRICT (RESIDING AT CHEERAN HOUSE, PENGAMUKKU, THRISSUR DISTRICT), PIN - 680544 BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR, PIN - 680003 4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506 2025:KER:26181 WP(C) No.12073 of 2025 2 5 THE MANAGER HIGH SCHOOL PENGAMUCK, THRISSUR DISTRICT, PIN – 680544 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26181 WP(C) No.12073 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 Petitioner is the Headmaster of an Aided School. Since the petitioner was not amenable for the illegal demands of the Manager, the Manager placed the petitioner under suspension with effect from 30.05.2024. As the suspension was unwarranted and without any genuine reason, the Deputy Director of Education refused to ratify the suspension and ordered reinstatement of the petitioner. The Deputy Director of Education also ordered to effect recovery from the Manager towards the salary of the petitioner during the period of illegal suspension. 2. Accordingly, the petitioner assumed charge as Headmaster of the School on 13.06.2024. From a reading of Ext.P2, it is clear that the petitioner is entitled to salary for the period of suspension as suspension is not ratified. 2025:KER:26181 WP(C) No.12073 of 2025 4 However, for want of a specific order for releasing the salary for the period of suspension, he could not draw his salary for the month of June, 2024, the increment which is due from January, 2025 and earned leave surrender. Ext.P8 representation is moved by the petitioner before the 3rd respondent, which is pending for consideration. 3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 4. The petitioner would submit that the petitioner was placed under suspension on frivolous charges. The Deputy Director of Education found that the charges are unsustainable and refused to ratify the suspension. The Deputy Director of Education has ordered recovery of the salary paid to the petitioner during the period of suspension from the Manager. The petitioner therefore seeks to declare that as the suspension is not justified, the petitioner is entitled 2025:KER:26181 WP(C) No.12073 of 2025 5 to receive salary for the said period. 5. From the pleadings, I find that the petitioner has preferred Ext.P8 representation before the 3rd respondent- Deputy Director of Education in this regard. In the facts of the case, it would be only just and proper that the 3rd respondent considers Ext.P8 representation and takes a decision thereon in accordance with law. The writ petition is therefore disposed of directing the 3rd respondent to consider Ext.P8 representation and take appropriate decision thereon in accordance with law, after giving an opportunity of hearing to the petitioner and the Manager. A decision in this regard shall be taken within a period of three months. Sd/- N.NAGARESH JUDGE spk 2025:KER:26181 WP(C) No.12073 of 2025 6 APPENDIX OF WP(C) 12073/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ENTRIES IN THE VISITORS BOOK DATED 29.05.2024 Exhibit P-2 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS ISSUED BY THE MANAGER DATED 30.05.2024 Exhibit P-3 TRUE COPY OF THE STATEMENT OF DEFENSE SUBMITTED BY THE PETITIONER DATED 04.06.2024 Exhibit P-4 TRUE COPY OF THE ORDER NO. 1345/24 DATED 30.05.2024 PLACING THE PETITIONER UNDER SUSPENSION Exhibit P-5 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF EDUCATION DATED 31.05.2024 Exhibit P-6 TRUE COPY OF THE ORDER NO.DDETSR/4853/2024-B6 DATED 13.06.2024 Exhibit P-7 TRUE COPY OF THE COMMUNICATION MADE TO THE MANAGER DATED 13.06.2024 Exhibit P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEPUTY DIRECTOR OF EDUCATION