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SMT.P.NIRMALA, HIGHER SECONDARY SCHOOL versus STATE OF KERALA

High Court of Kerala

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SMT.P.NIRMALA, HIGHER SECONDARY SCHOOL v. STATE OF KERALA - WP(C) No. 15455 of 2007(M) [2007] RD-KL 8788 (28 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15455 of 2007(M)

1. SMT.P.NIRMALA, HIGHER SECONDARY SCHOOL
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE MANAGER,

4. G.JAYACHANDRAN NAIR,

For Petitioner :SRI.J.JULIAN XAVIER

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :28/05/2007

O R D E R

A.K. BASHEER, J.

W.P.(C). NO. 15455 OF 2007

Dated this the 28th day of May, 2007



J U D G M E N T

Petitioner, who is now working as a Higher Secondary School Teacher in R.R.G.V.H.S.S. Kilimanoor in Trivandrum District would atleast have the satisfaction of ending her career as Principal of the institution because of the grace and goodwill shown by the respective counsel for the parties. When this writ petition came up for consideration on May 25, 2007, it was noticed that a settlement was possible in the matter. Therefore, learned counsel for the parties were directed to explore the possibility of an amicable solution. Accordingly the following order was passed on that day, which reads thus:

"When this writ petition came up for consideration on 24th May, 2007, it was noticed that a rapprochement is possible in this matter. The tussle between the petitioner and the management has been continuing for years. Therefore, it was queried whether the management can permit the petitioner to retire as Principal on 31st May, 2007, the date of her superannuation.

2. Learned counsel for the management gracefully agreed that the management will not be adverse to appoint the petitioner as Principal forthwith, if only WPC NO.15455/07 Page numbers she is prepared to bury the hatchet and tender apology and thus pave way for an amicable settlement. Learned counsel for the petitioner was also gracious enough in assuring the court to persuade the petitioner to accept the reality.

3. Today the petitioner is personally present in court. She states that she is sorry for whatever has happened in the past. She further states that she is prepared to withdraw the case pending before the Lok Ayuktha (Complaint No. 295/07). The above statement is recorded.

4. Learned counsel for the management submits that a formal order appointing the petitioner as Principal will be issued on May 28, 2007, so that petitioner can assume charge on the same day itself and retire on 31st May, 2007. Counsel for the parties pray for a short adjournment to do the needful. Call on 28.5.2007."

2. It is heartening to note that both sides have buried the hatchet with utmost grace. Learned counsel for the management has handed over an order of appointment to the petitioner which would enable her to assume charge as Principal today itself. She has stated before this Court that an application has already been filed before the Lok Ayuktha to withdraw the complaint filed by her against the management. She submits that the complaint will be formally withdrawn on the next hearing date. It is on record that petitioner is due to retire from service on May 31, WPC NO.15455/07 Page numbers 2007. It will be open to the management to complete the process of selection of the successor in office forthwith. In view of the above intervening developments, no further orders are necessary in this writ petition. The writ petition is disposed of as above.

A.K. BASHEER, JUDGE

vps WPC NO.15455/07 Page numbers

A.K. BASHEER, JUDGE

OP NO.20954/00

JUDGMENT

1ST MARCH, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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