IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 19TH DAY OF JANUARY 2018 / 29TH POUSHA, 1939 WP(C).No. 1297 of 2018 -----------------

PETITIONER(S)

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SAILAJA MADHUVANATH, AGED 52 YEARS, HEADMISTRESS (UNDER SUSPENSION), RAKM UPPER PRIMARY SCHOOL, THALAKKULATHUR, KOZHIKODE-673 317.

RESIDING AT 'SAMUDRIKA', W/O. DEVADAS, PANTHEERANKAVU, KOZHIKODE DISTRICT, PIN-673 019.

BY ADVS.SRI.SANTHARAM.P., SMT.REKHA ARAVIND, SRI.K.A.MOHAMED HARIS.

RESPONDENT(S):

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1. GOVERNMENT OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE ASSISTANT EDUCATIONAL OFFICER, AEO OFFICE, CHEVAYOOR, KOZHIKODE DISTRICT-673 017.

3. THE DISTRICT EDUCATION OFFICER, DEO OFFICE, PAVAMANI ROAD, THAZHEKKOD, KOZHIKODE-673 004.

4. THE DEPUTY DIRECTOR OF EDUCATION, DD OFFICE, MANANCHIRA, KOZHIKODE-673 004.

5. THE MANAGER, RAKM UP SCHOOL, THALAKALATHUR, KOZHIKODE DISTRICT-673 317. 6. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

R1 TO R4 & R6 BY SR. GOVT. PLEADER SMT.NISHA BOSE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SUSPENSION ORDER DATED 01.01.2018. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 07.04.2017 ISSUED BY THE MANAGER.

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY 5TH RESPONDENT MANAGER DATED 06.05.2017.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 18.04.2017 ISSUED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 08.05.2017 ISSUED BY THE 2ND RESPONDENT AEO.

EXHIBIT P5(A) THE TRUE COPY OF THE COMMUNICATION DATED

08.05.2017 ISSUED TO SMT. BIJISHA.

EXHIBIT P5(B) THE TRUE COPY OF THE LETTER ADDRESSED TO AEO DATED 09.05.2017.

EXHIBIT P6 THE TRUE COPY OF THE SUSPENSION ORDER DATED

30/05/2017 ISSUED TO SMT.BIJISHA.

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 29.08.2017 IN WPC NO.17634/2017, FILED BY SMT. BIJISHA.

EXHIBIT P8 TRUE COPY OF THE SALARY BILLS PREPARED DATED

26.10.2017.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 14.10.2017 ISSUED BY THE 5TH RESPONDENT MANAGER.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 01.11.2017 ISSUED BY THE 5TH RESPONDENT MANAGER TO THE TREASURY OFFICER.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 13.11.2017 ISSUED BY THE 5TH RESPONDENT MANAGER.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 13.11.2017 ADDRESSED TO THE AEO.

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 13/12/2017 ISSUED BY THE AEO.

EXHIBIT P14 TRUE COPY OF THE REQUEST DATED 16.12.2017 SUBMITTED BEFORE THE AEO.

EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED 15.12.2017 ISSUED BY THE 5TH RESPONDENT MANAGER.

....2/-

EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 04.10.2017 ADDRESSED TO THE MANAGER.

EXHIBIT P16(A) TRUE COPY OF THE COMMUNICATION DATED 16.12.2017 ADDRESSED TO THE MANAGER.

EXHIBIT P16(B) TRUE COPY OF THE COMMUNICATION DATED 30.12.2017 ADDRESSED TO THE MANAGER.

EXHIBIT P17 TRUE COPY OF THE SHOW CAUSE NOTICE DATED

01.01.2018 ISSUED BY THE MANAGER.

EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED 04.01.2018, FILED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY// P.S. TO JUDGE rs.

ANU SIVARAMAN, J.

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Dated this the 19^th day of January, 2018

J U D G M E N T

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This writ petition is filed challenging an order of suspension issued on the petitioner, who is the Headmistress of an aided school by the Assistant Educational Officer, on the ground that there was delay in processing the salary bill of a teacher as directed by this Court. It is stated that Ext.P1 order of suspension is being issued by the AEO without even informing the Manager, on the ground that the petitioner had been appointed by the Manager and had delayed the implementation of judgment of this Court and leading to contempt of court case. The l