Dismissed

State of Kerala, v. General Manager

Kerala HC4 Jul 2019WA/1158/2019

Case brief

AI extract

What is this about?

Appeal by the Government against an order directing approval of a teacher's transfer between uneconomic schools. The High Court dismissed the appeal, noting no financial loss to the State since the transfer occurred between similar uneconomic institutions, and directed approval of the transfer. No order as to costs.

What did the court decide?

Transfer to be approved within one month; arrears of salary disbursed along with salary continued in subsequent months.

State of Kerala, Vs General Manager — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941

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WA.No.1158 of 2019

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AGAINST THE JUDGMENT IN WP(C) 1784/2019 of HIGH COURT OF KERALA

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APPELLANTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

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3 DISTRICT EDUCATIONAL OFFICER, NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM-682305.

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4 ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM-689645. 5 ASSISTANT EDUCATIONAL OFFICER, VYPPIN-682509. BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE

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RESPONDENTS:

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1 GENERAL MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF VERAPOLY, REPRESENTED BY POWER OF ATTORNEY HOLDER, FR. MAICHAEL D'CRUZ, RESIDING AT ST.ALBERTS HIGH SCHOOL CAMPUS, BANERJI ROAD, ERNAKULAM, PIN-682018. 2 THOMAS PETER M.R., LOWER PRIMARY SCHOOL TEACHER, KPLP SCHOOL, PERUMANNOOR, PIN-682032. ADV.SRI.M.A.FAYAZ

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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WA.No.1158 of 2019 2

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JUDGMENT

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Vinod Chandran, J

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The appeal is by the Government against the judgment of the learned Single Judge, which directed the proposal of transfer of the second respondent, a LPST under an educational agency, to be approved within a period of two weeks and disbursement of salary without delay.

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The impugned judgment indicate that the second respondent was transferred from One St.Peter's L.P.School Kurissinkal to KPLP School, Perumanoor. The objection was that KPLP School, Perumanoor, the transferee school, is an uneconomic school. The learned Single Judge found that even the transferee school at Kurissinkal was an uneconomic school and in such circumstance there is no prejudice to the Government.

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The appeal is filed on the ground that there were two vacancies of Headmaster in another two

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WA.No.1158 of 2019 3

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schools in Ernakulam under the very same corporate agency which is under the AEO, Ernakulam. The Kurissinkal school is under the DEO, Vypin and it is alleged that Ext P4 issued by the DEO, Vypin was never brought to the notice of the AEO at Ernakulam. The attempt is to get approval of the DEO, Vypin and post a person in Ernakulam when there were available Headmasters post to which he could have been transferred. The second petitioner was also a Headmaster in the school at Kurissinkal which position he lost by way of division fall.

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The learned counsel for the writ

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petitioners, the respondents herein, point out the staff fixation order at Ext P2 of Kurissinkal school. There was a division fall from the year 2017-2018 which necessitated the petitioner to be reverted from the post of Headmaster to LPST. The second petitioner being the senior most in the school, had to continue as teacherin-charge which the second petitioner was not

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WA.No.1158 of 2019 4

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interested in. It was in such circumstance that the second petitioner was transferred to another uneconomic school, which does not cause any loss to the Government, is the specific submission.

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We notice the contention of the learned

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Senior Government Pleader. But however we are of the opinion that the posting of Headmaster to the two schools at Ernakulam from other LPST's is not objected to by the second petitioner. In that circumstance, the Government cannot hold brief of a teacher, who could have raised a claim to the Headmaster's post. There is absolutely no financial loss caused to the Government since the transfer is from one uneconomic school to another as LPST itself. In the above circumstances, we do not think that there is any reason to cause interference to the judgment of the learned Single Judge. We reject the appeal. We direct the transfer to be approved within a period of one month from the date of receipt of a copy of this judgment and the arrears of

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WA.No.1158 of 2019 5

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salary disbursed along with the salary continued in the subsequent months.

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Writ Appeal is dismissed with the above

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directions. No order as to costs.

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K.VINOD CHANDRAN, JUDGE

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V.G.ARUN, JUDGE

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cms

State of Kerala, v. General Manager

Case brief

What is this about?

What did the court decide?

State of Kerala, v. General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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