Disposed

Biju K v. State of Kerala

Kerala HC9 Mar 2022OP(KAT)/67/2022

Case brief

AI extract

What is this about?

The High Court of Kerala by two judges disposed of an original petition challenging an interim order. The court directed the Administrative Tribunal to expedite the disposal of the main application challenging a transfer order without undue delay.

What did the court decide?

The court directed the Tribunal to consider the plea for early consideration and final disposal of the main original application within a reasonable time limit. The original petition stands disposed.

Biju K Vs State of Kerala — Service and Employment | Kerala HC (2022)

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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 ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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WEDNESDAY, THE 9^TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943

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OP(KAT) NO. 67 OF 2022

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AGAINST THE ORDER IN M.A.No.299 of 2022 15.02.2022 IN OA no.240/2022

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OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/APPLICANT:

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BIJU K,AGED 47 YEARS S/O. KUTTAN K, RESIDING AT VAIDEHI, AYITHOTTUVA,WEST KALLADA P.O, KOLLAM-691 500, WORKING AS SENIOR CLERK, GOVERNMENT HIGHER SECONDARY SCHOOL,KUZHIMATHICADU H.S.S, KUZHIMATHICADU, KUZHIMATHICADU P.O, KOLLAM-691 509

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BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT ASWIN KUMAR M J HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695 001

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2 DIRECTOR OF GENERAL EDUCATION, (FORMERLY DIRECTOR OF PUBLIC INSTRUCTION) O/O. THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014

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3 DEPUTY DIRECTOR OF EDUCATION 20, KOLLAM-ELAMBALLOOR ROAD, THEVALLY NAGAR, PALACE NAGAR, THEVALLY, KOLLAM 691 009.

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OP(KAT) No.67 of 2022 2

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4 NIRMA PRESENTLY WORKING AS SENIOR CLERK, O/O THE ASSISTANT EDUCATIONAL OFFICE, CHAVARA, KOLLAM 691 583

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R1 TO R3 BY SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT) No.67 of 2022 3

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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

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.................................................................

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O.P.(KAT) No.67 of 2022

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[Arising out of order dated 15.02.2022 in M.A.No.299 of 2022 in O.A.No.240 of 2022 of KAT, TVM Bench]

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................................................................. Dated this the 9^th day of March, 2022

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JUDGMENT

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Alexander Thomas, J.

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Heard Sri.P.A.Mohammed Shah, learned counsel

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appearing for the petitioner in the O.P./applicant in the O.A. and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 1 to 3 in the O.P./R1 to R3 in the O.A. In the nature of the orders proposed to be passed by this Court in this O.P., notice to contesting respondent No.4 herein will stand dispensed with.

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It is brought to our notice by Sri.P.A.Mohammed Shah, learned counsel appearing for the petitioner, that the Tribunal has now passed Ext.P11 interim order dated 15.02.2022 in the instant O.A.No.240 of 2022. Ext.P11 order reads as follows:

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“ORDER

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Admit. Learned Government Pleader takes notice on behalf of the respondents. Reply statement shall be filed within one month.

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With respect to the interim order seeking stay of implementation of Annexure A4 it is brought to our notice that the order of transfer has already taken effect and the applicant as well as the substitute posted have already taken charge at the stations concerned. Therefore the Tribunal is not persuaded to grant any interim order. However, the Original Application is admitted on the

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OP(KAT) No.67 of 2022 4

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basis that the applicant is intending to challenge the findings and observations contained in the order, which according to him is causing a stigma in his career.

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Sd/- Justice C.K.Abdul Rehim, Chairman Sd/- Dr.Pradeep Kumar, Administrative Member

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(True copy)

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Sd/-Deputy Registrar (Judicial)”

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Further Sri.P.A.Mohammed Shah, learned counsel

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appearing for the petitioner in the O.P./applicant in the O.A., would submit, on the basis of instructions, that since the abovesaid Ext.P11 order is only an interim order, the petitioner has been advised not to press the challenge of the same in this O.P. and that this Court may facilitate the early consideration and final disposal of the main matter in the O.A. pending before the Tribunal.

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After hearing both sides, we are sure that if the petitioner files an application for early motion of the main matter in the O.A., the Tribunal will certainly consider the same, as the main matter in the O.A. pertains to the challenge against a transfer order. Hence, it is for the petitioner in the O.P. to file necessary application before the Tribunal, to ensure the early consideration and conclusion of the O.A. and that being so, we would request the Tribunal to then consider the final disposal of the main matter in the O.A. Then, it is for the Tribunal to examine that plea. Accordingly, we would request the Tribunal to consider the said plea for early consideration and

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OP(KAT) No.67 of 2022 5

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final disposal of the O.A. without much delay and within a reasonable time limit, that may be appropriately fixed by the Tribunal, taking note of the interest of administration of justice. No further orders and directions are called for.

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With these observations and directions, the above Original Petition will stand disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

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OP(KAT) No.67 of 2022 6

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APPENDIX OF OP(KAT) 67/2022

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE ORDER NO. A7/13342/2021 DATED 09-02-2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P2	THE TRUE COPY OF THE O.A NO. 240/2022 FILED BY THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Annexure A1	THE TRUE COPY OF G.O(P) NO. 3/2017/PAND ARD DATED 25-02-2017
Annexure A1(A)	THE TRUE COPY OF G.O(P0 NO. 11/90/P AND ARD DATED 05-05-1990
Annexure A1(B)	THE TRUE COPY OF G.O (P) NO. 17/90/P AND ARD DATED 05-05-1990
Annexure A2	THE TRUE COPY OF CIRCULAR NO C3/6378/2021/DGE DATED 21-10-2021 OF THE 2ND RESPONDENT
Annexure A3	TRUE COPY OF THE FINAL TRANSFER LIST PUBLISHED VIDE ORDER NO. A5/10191/2021 DATED 01-02-2022 ISSUED BY THE 3RD RESPONDENT.
Annexure A4	TRUE COPY OF ORDER NO. A7/13342/2021 DATED 09-02-2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P3	THE TRUE COPY OF THE ORDER PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.A NO. 240/2022 DATED 10-02-2022
Exhibit P4	THE TRUE COPY OF THE RELIEVING ORDER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 11-02-2022
Exhibit P5	THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT CANCELLING THE TRANSFER OF THE 4TH RESPONDENT TO GHSS FOR BOYS CHAVARA AND POSTING HER TO AEO OFFICE, CHAVARA DATED 10-02-2022
Exhibit P6	THE TRUE COPY OF M.A NO. 283/2022 FILED

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OP(KAT) No.67 of 2022 7

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	BY THE PETITIONER IN O.A NO. 240/2022 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 14- 02-2022
Annexure A5	THE TRUE COPY OF ORDER NO. A5/10191/2021 DATED 10-02-2022 ISSUED BY THE 2ND RESPONDENT
Annexure A6	THE TRUE COPY OF ORDER BEARING NO. A5/10191/2021 DATED 10-02-2022 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.
Annexure A7	THE TRUE COPY OF ORDER NO. A2/4029/2021 DATED 11-02-2022 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.
Annexure A8	THE TRUE COPY OF ORDER NO. A/01/2022 DATED 11-02-2022 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER (IN CHARGE)
Exhibit P7	THE TRUE COPY OF M.A NO. 284/2022 FILED BY THE PETITION IN O.A NO. 240/2022 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 14- 02-2022
Exhibit P8	THE TRUE COPY OF THE MEMORANDUM FILED BY THE GOVERNMENT PLEADER ON BEHALF OF RESPONDENT NOS. 1 TO 3 IN O.A NO. 240/2022 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
Exhibit P9	THE TRUE COPY OF THE M.A NO. 299/2022 FILED BY THE PETITIONER IN O.A NO. 240/2022 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
Exhibit P10	THE TRUE COPY OF THE ORDER DATED 15-02- 2022 IN M.A NO. 299/2022 IN O.A NO. 240/2022 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P11	TRUE COPY OF THE ORDER PASSED BY KAT, THIRUVANANTHAPURAM IN OA NO.240/2022 DATED 15.02.2022

Biju K v. State of Kerala

Case brief

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Biju K v. State of Kerala

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