Point of Law: As per Rule 75(10) of Chapter XIV(A) of KER need not be entertained by this Court because same is to be acted upon by Manager after giving a show cause notice.

JUDGMENT :

1. These six cases are connected; therefore, I am disposing of these cases by a common judgment.

2. The cases are mainly concerning a dispute between the Manager of an aided school by the name ‘Mahaganapathy Lower Primary School’, M.Pudur, Palakkad (hereinafter referred to as the ‘School’) on one side and the Headmistress of the same School on the other side. Even though the School is in the name of God ‘Mahaganapathy’, the fight between the Manager and the Headmistress has been continuing for the last several years. About 25 proceedings were initiated before this Court either by way of writ petitions or writ appeals by both parties. Let us pray to the god "mahaganapathy" to bless the children studying in this school for a bright education period untrammeled by this fight between the Manager and the Headmistress.

3. W.P.(C) No.4190/2018, 6741/2018, 29033/2020 and 2983/2022 are filed by the Headmistress of the School, Smt.T.S.Saji. Smt.T.S.Saji is hereinafter mentioned as the 'Headmistress'. W.P.(C) No.11964/2020 is filed by the Manager of the School. W.P.(C) No.7976/2023 is filed by another teacher by the name B. Geetha of the same School.

4. Smt.T.S.Saji was appointed as a Lower Primary School Assistant (in short, LPSA) in the School on 05.09.1989. She was promoted as Headmistress on 22.09.2008. While working as Headmistress, she was suspended from service with effect from 06.03.2017 on certain charges. Ext.P1 produced in W.P.(C). No.6741/2018 is the suspension order. Subsequently, as per Ext.P2 produced in W.P.(C). No.6741/2018, the Manager was directed to reinstate the Headmistress into service. But the Manager refused to reinstate the Headmistress, even after Ext.P2.

5. The petitioner, Headmistress, filed a complaint against the Manager of the School alleging sexual advancement towards her. It is the case of the Headmistress that she was mentally and physically harassed by the Manager, and also demoralised her in order to appoint his wife as the Headmistress. In the meanwhile, the Headmistress received Ext.P4 communication from the Manager stating that she cannot be reinstated in service. The Headmistress submitted Ext.P5 reply to Ex.P4. Thereafter, the Assistant Educational Officer, Kollangode, again issued Ext.P6 order to revoke the suspension of the Headmistress and to reinstate her. Thereafter, in the month of April 2017, the Manager issued Ext.P7 charge memo to the Headmistress, to which also the Headmistress submitted her reply.

6. Later as per G.O.(Rt.)No.2804/2017/Gen.Edn. Dated 16.08.2017, the Government directed the Manager to reinstate the Headmistress. In the Government Order, it was further directed to enquire into the allegations made against the Manager by the Headmistress alleging sexual advancement. The Government also directed to enquire about the charges raised against the Headmistress.

7. After the above Government Order, the Manager approached this Court by filing W.P.(C). No.28952/2017, and this Court was pleased to stay the Government Order to the extent to which it directs reinstatement of the Headmistress on condition that the Manager shall issue a memo of charges within one month and with a further direction to the Manager as well as the District Educational Officer, Palakkad to complete the enquiry within a period of two months. Ext.P9 produced in W.P.(C). No.6741/2018 is the interim order passed by this Court in W.P.(C). No.28952/2017. Based on the above interim order, the Manager issued Ext.P10 charge memo. Ext.P11 produced in W.P.(C). No.6741/2018 is the reply to Ext.P10 charge memo produced in that writ petition.

8. Meanwhile, the Headmistress filed a petition to vacate the interim order dated 31.08.2017 in W.P.(C). No.28952/2017. Thereafter, the District Educational Officer initially submitted an enquiry report on 09.01.2018. Later, on the basis of the directions contained in the order dated 23.01.2018 in W.P.(C). No.28952/2017, the District Educational Officer again submitted another re