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2023 Supreme(Online)(KER) 9426

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
THE MANAGER – Appellant
Versus
BISMI.S – Respondent
WA 1639 2023



Advocates:
A.N.RAJAN BABU, P.GOPALAKRISHNAN (MVA), A.R.EASWAR LAL

The court established that administrative bodies must act in a timely manner to prevent harm to involved parties' legal rights.

Headnote:

Employment - Termination - Writ Appeals - Educational Management - Writ Procedures

Fact of the Case:

The manager of an aided school appealed against a decision from a Single Judge regarding the termination of service of respondents appointed by a former manager, arguing it affected the manager’s legal rights.

Issues: Whether the learned Single Judge's order maintaining status quo infringed on the legal rights of the current school manager.

Ratio Decidendi: The court emphasized the need for timely administrative action and the right of the manager to pursue legal recourse without undue delay.

Final Decision: The Writ Appeals were disposed of with directions for the District Educational Officer to act promptly.

JUDGMENT

Dated this the 25th day of October, 2023 A.MUHAMED MUSTAQUE(J)

The Manager of an aided school is before us with these writ appeals, aggrieved by certain directions of the learned Single Judge of this Court. The matter is related to the termination of service of the party respondents in all these writ appeals, who were appointed by the former manager. The present manager, who is the appellant herein, appears to have been terminated from service, this is subjected to challenge before the District Educational Officer.

2. The learned Single Judge, who heard the matter, vide order dated 23.08.2023, directed the District Educational Officer to pass orders on the representation made by the party respondents and further ordered that status quo with regard to the position of the first respondent shall be continued till a decision is taken on the matter.

3. The grievance of the appellant in these appeals is that the learned Single Judge ordered status quo and that would affect the right of the manager to proceed in accordance with law.

We note that more than two months lapsed after the judgment of the learned Single Judge. The District Educational Officer ought to have passed orders by this time. Anyway, taking note of the fact that more than two months are lapsed, we direct the District Educational Officer to consider and pass appropriate orders on the representation, after hearing the appellant and all affected parties, without any delay. Further to ease this process, we direct all the party respondents and appellant to mark their presence before the District Educational Officer on 30.10.2023 and thereafter, it shall be concluded within a further period of two weeks.

Accordingly, the Writ Appeals are disposed of.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

SHOBA ANNAMMA EAPEN,JUDGE RK APPENDIX OF WA 1639/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF APPOINTMENT ORDER OF PETITIONER ISSUED BY FORMER MANAGER SR.

RENOJ DATED 01-06-2022 RECEIVED FROM SCHOOL RECORDS Annexure A2 TRUE COPY OF THE INTERIM ORDER DATED 31-

05-2022 IN W.P.(C) NO. 17668/2022 Annexure A3 TRUE COPY ORDER NO.B4/37234/2022 DATED

12-04-2023 Annexure A4 TRUE COPY OF THE REJECTION ORDER NO.B4/37231/2022 DATED 11-07-2023 Annexure A5 TRUE COPY OF THE CONSTITUTION OF SHANMUGHA VILASAM HIGH SCHOOL, CLAPPANA.

Annexure A6 TRUE COPY OF THE JUDGMENT DATED 7/6/2023 IN W.P.(C) NO.17563 OF 2023 Annexure A7 TRUE COPY OF THE LETTER DATED 19-07-2023 ISSUED BY 4TH RESPONDENT TO 5TH RESPONDENT Annexure A8 TRUE COPY OF SHOW CAUSE NOTICE DATED

16/08/2023 Annexure A9 TRUE COPY OF THE EXPLANATION OF 1ST RESPONDENT DATED 18-08-2023 Annexure 10 TRUE COPY OF ORDER NO.SVHSS/17/23 DATED

21-08-2023.

APPENDIX OF WA 1661/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2022 Annexure A2 TRUE COPY OF THE ORDER NO.B4/37237/22 DATED 11-04-2023 Annexure A3 TRUE COPY OF THE INTERIM ORDER IN W.P.

(C) NO.17668/2022 DATED 31/05/2022 Annexure A4 TRUE COPY OF THE ORDER NO.B4/37232/2022 DATED 03-07-2023, D.E.O.

Annexure A5 TRUE COPY OF THE BYE LAW OF THE SCHOOL Annexure A6 TRUE COPY OF THE JUDGMENT DATED

7/6/2023 IN W.P.(C) NO.17563 OF 2023 Annexure A7 TRUE COPY OF THE LETTER DATED 19-07-

2023 ISSUED BY 4TH RESPONDENT IN WP(C)/APPELLANT Annexure A8 TRUE COPY OF THE SHOW CAUSE NOTICE

16.08.2023 Annexure A9 TRUE COPY OF THE EXPLANATION DATED 18-

08-2023 Annexure A10 TRUE COPY OF ORDER NO. SVHSS/16/2003 DATED 21-08-2023 APPENDIX OF WA 1774/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER BY FORMER MANAGER RENOJ DATED 01.06.2023 RECEIVED FROM SCHOOL RECORDS Annexure A2 A TRUE COPY OF THE CONSTITUTION OF THE SCHOOL Annexure A3 A TRUE COPY OF ORDER NO.B4/45865/2023 DATED 03-07-2023 Annexure A4 A TRUE COPY OF THE FINAL ORDER DATED

7TH JUNE 2023 IN W.P.(C) NO.17563 OF

2023 OF THIS HON'BLE COURT Annexure A5 A TRUE COPY OF THE LETTER DATED 19-07-

2023 ISSUED BY 3RD RESPONDENT TO 4TH RESPONDENT Annexure A6 A TRUE COPY OF NOTICE DATED 15 08-2023 TO THE PETITIONE

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