P. Meenakshi – Appellant
Versus
State of Kerala, Represented By Secretary to Government, General Education Department – Respondent
JUDGMENT :
The petitioner, a Manager of an Aided Lower Primary School, placed the respondents 6 and 7, who were working as Headmaster and Senior Assistant in the school, under suspension on 19.6.2002 on several grounds, which have been detailed and Exhibits P1 and P2. Rule 67(8) of Chapter XIV A of the Kerala Education Rules (hereafter referred to as the Rules) mandates that the Manager, who has placed a headmaster/teacher or non-teaching staff under suspension, shall report the fact to the education authorities. It further provides that such officer authorised by the Government shall make preliminary investigation into the grounds of suspension and if the authority is satisfied that there was no valid ground for the suspension, he may direct the Manager to reinstate the teacher/non-teaching staff with effect from the date of suspension. On such direction being issued, the Manager is bound to reinstate the teacher/non-teaching staff forthwith. The Rules further provides that if the teacher is not actually reinstated, he shall be deemed to have been on duty, that his pay and allowances may be disbursed by the Department and such amount be recovered from the Manager.
2. According to th
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.