The petitioner, a Hindi teacher, challenged a transfer order as violating seniority norms and a prior DoPI order. The respondent Board agreed to reconsider the matter, leading the court to set aside the order.
The impugned order is set aside and status quo maintained until further orders after reconsideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940
WP(C).No. 33713 of 2018
PETITIONER:
G.ABHAYAN,
AGED 52 YEARS, S/O.GOPALAKRISHNAN NAIR T.G., ASHA BHAVAN, KANAKAPPALAM P.O., MATTANNOOR KARA, ERUMELI, KOTTAYAM - 686 509 (LOWER GRADE PART TIME HINDI TEACHER WITH FULL TIME BENEFIT, DEVASWOM BOARD UPPER PRIMARY SCHOOL, ANGADICKAL NORTH, ADOOR, PATHANAMTHITTA).
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM-695014.
3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL-695101.
4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHATHANUR691572.
5 THE CORPORATE MANAGER(SECRETARY) TRAVANCORE DEVASWOM BOARD SCHOOLS, DEVASWOM BOARD BUILDING, NANDHANCODE, THIRUVANANTHAPURAM-695001.
6 KUMARI GEETHA.M.O PART TIME L.G.HINDI TEACHER WITH FULL TIME BENEFIT, KJM DEVASWOM BOARD UPPER PRIMARY SCHOOL, PARIPPALLY, KOLLAM-691574.
BY ADV. SRI.M.H.ASIF ALI SMT. NISHA BOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33713 of 2018
2
JUDGMENT
Petitioner, aggrieved by Ext.P11 transfer order issued by the
Corporate Manager representing Travancore Devaswom Board Schools
approached this Court.
violation of seniority norms and also in violation of Ext.P6 order of the
Director of Public Instruction.
submits that the Travancore Devaswom Board is prepared to re-consider
the matter and now transfer will not be implemented till the matter is re-
considered by the Board.
Accordingly, the impugned order is set aside for paving way for re-
consideration after hearing all concerned including the petitioner and
sixth respondent. Status-quo, as on today, will continue till such orders
are passed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SKK/ad/121118
WP(C).No. 33713 of 2018
3
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE ORDER BEARING NO.B6/4860/2015/D.DIS. (E)DATED 30/4/2016 |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE ORDER DATED 6/9/2016 ISSUED BY THE RESPONDENT NO.5 |
| EXHIBIT | P3 TRUE COPY OF THE RELEVANT PAGES OF THE FINALLY APPROVED SENIORITY LIST AS ON 1/1/2011 |
| EXHIBIT | P4 TRUE COPY OF THE APPEAL DATED 6/8/2017 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 |
| EXHIBIT | P5 TRUE COPY OF THE JUDGMENT DATED 3/10/2017 PASSED BY THIS HON'BLE COURT IN W.P(C)NO.6672/2017(H) |
| EXHIBIT | P6 TRUE COPY OF THE ORDER DATED 21/11/2017 PASSED BY RESPONDENT NO.2 |
| EXHIBIT | P7 TRUE COPY OF THE ORDER OF TRANSFER DATED 8/6/2018 ISSUED BY RESPONDENT NO.5 |
| EXHIBIT | P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY RESPONDENT NO.6 BEFORE RESPONDENT NO.5 |
| EXHIBIT | P9 TRUE COPY OF THE JUDGMENT DATED 21/6/2018 PASSED BY THIS HON'BLE COURT IN W.P(C)NO.20473/2018 |
| EXHIBIT | P10 TRUE COPY OF THE OBJECTION DATED 24/7/2018 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.5 |
| EXHIBIT | P11 TRUE COPY OF THE ORDER DATED 12/10/2018 PASSED BY RESPONDENT NO.5. |
RESPONDENTS' EXHIBITS: NIL
1 issue framed by the court
Whether the transfer order issued by Respondent No.5 violates seniority norms and prior orders.
1 provisions across 1 enactments
G.ABHAYAN
STATE OF KERALA
THE DIRECTOR OF PUBLIC INSTRUCTION
THE DISTRICT EDUCATIONAL OFFICER
THE ASSISTANT EDUCATIONAL OFFICER
TRAVANCORE DEVASWOM BOARD SCHOOLS
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
