2025:KER:29058 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 RP NO. 443 OF 2025 AGAINST THE JUDGMENT IN WP(C) NO.34773 OF 2024 OF HIGH COURT OF KERALA REVIEW PETITIONER/5TH RESPONDENT: THE MANAGER VPM HIGHER SECONDARY SCHOOL, VELLARADA, THIRUVANANTHAPURAM, PIN - 695505 BY ADV BIJU HARIHARAN RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4 AND 6: 1 I. BINDU AGED 58 YEARS W/O UDAYAKUMAR A, RETIRED TEACHER IN CHARGE, DEVI KRIPA, ARUVIPURAM ROAD, PERUMPAZHATHOOR P.O, NEYYATTIKARA, THIRUVANATHAPURAM., PIN - 695125 2 STATE OF KERALA, REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 4 THE DEPUTY DIRECTOR OF EDUCATION NALUMUKKU, PAZHAVANGADI, THIRUVANANTHAPURAM, PIN - 695023 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 2 5 THE DISTRICT EDUCATIONAL OFFICER ALUMOODU, NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 695121 6 THE HEAD MASTER VPM HIGHER SECONDARY SCHOOL, VELLARADA, THIRUVANANTHAPURAM, PIN - 695505 BY ADV. SRI. S. MOHAMMED AL RAFI SMT. ANIMA M., GOVERNMENT PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 3 ORDER Dated this the 4th day of April, 2025 The Review Petition is filed by the 5th respondent- Manager in W.P.(C) No.34773/2024. The writ petitioner, who is a retired Teacher under the 5th respondent’s School, approached this Court seeking to command the 5th respondent-Manager to take action and to finalise the disciplinary proceedings on Ext.P10 Enquiry Report forthwith. The writ petitioner also sought to command the 5th respondent-review petitioner to submit a proposal appointing the petitioner as Headmistress with effect from 01.04.2019 to 31.05.2022 immediately. 2. This Court by judgment dated 20.02.2025 found that there were two disciplinary proceedings pending against the writ petitioner, one of which resulted in imposition 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 4 of a minor penalty. After considering Ext.R5(a), this Court noted that the Manager has decided not to proceed against the writ petitioner in respect of the second disciplinary proceeding, as the petitioner had already retired from service. 3. In such circumstances, the writ petition was disposed of directing the 5th respondent-Manager to make a proposal for approval of the appointment of the petitioner as Headmistress with effect from 01.04.2019. 4. The 5th respondent-Manager has come up with this Review Petition stating that there is an error apparent on the face of the records of the case. The review petitioner would submit that the second disciplinary proceeding is relating to serious misconduct on the part of the writ petitioner and those proceedings are not concluded. As those proceedings are not concluded, the appointment of the writ petitioner as Headmistress with effect from 01.04.2019 to 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 5 31.05.2022 could not have been proposed for approval. 5. Going through the pleadings, I find that in Ext.R5(a), the Manager has stated that the writ petitioner retired from service on 31.05.2022 and the pensionary claims of the writ petitioner were not settled in view of the pendency of the disciplinary proceedings. In Ext.R5(a), the Manager stated that as two years have lapsed from the date of retirement of the petitioner, the Manager does not want to impose punishment on the writ petitioner taking note of Rule 65 of Chapter XIVA of the KER. Thereupon, the Manager directed that the period of suspension of the petitioner be treated as Eligible Leave. 6. From Ext.R5(a), it is clear that the Manager has decided not to proceed against the petitioner in the subsequent disciplinary proceedings and the subsequent disciplinary proceedings were accordingly dropped. The 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 6 direction given by the Manager in Ext.R5(a) is as regards regularisation of the period of suspension. 7. In the circumstances, I do not find any error apparent on the face of the records of the case. The Review Petition is therefore dismissed. Sd/- N.NAGARESH JUDGE spk 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 7 APPENDIX OF RP 443/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE SUSPENSION ORDER NO. M/910/2019 DATED 10-10-2019 ISSUED BY THE REVIEW PETITIONER Annexure 2 TRUE COPY OF THE COMMUNICATION NO.B2/2399/2019(1) DATED 11.02.2020 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER TO THE REVIEW PETITIONER Annexure 3 TRUE COPY OF THE MEMO OF CHARGES DATED.10.10.2019 ISSUED BY THE REVIEW PETITIONER TO THE WRIT PETITIONER Annexure 4 TRUE COPY OF THE CHARGE SHEET DATED 11/11/2019 ISSUED BY THE REVIEW PETITIONER TO THE WRIT PETITIONER Annexure 5 TRUE COPY OF THE PRELIMINARY INVESTIGATION REPORT OF THE DEPUTY DIRECTOR OF EDUCATION DATED 22.10.2019 Annexure 6 TRUE COPY OF THE RULE 75 (8) ENQUIRY REPORT OF THE DEPUTY DIRECTOR OF EDUCATION DATED 01/02/2020 Annexure 7 TRUE COPY OF THE ORDER DATED 15/10/2020 PASSED BY THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION & VIGILANCE Annexure 8 TRUE COPY OF THE 2ND RULE 75 (8) ENQUIRY REPORT PASSED BY THE DEPUTY DIRECTOR DATED 12.01.2021 2025:KER:29058 RP No.443/2025 in W.P.(C) No.34773/2024 8 Annexure 9 TRUE COPY OF THE ORDER NO.M/926/19, DATED 08/04/2021 PASSED BY THE REVIEW PETITIONER (MANAGER OF THE SCHOOL) Annexure 10 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION DATED 22.10.2019