Remanded

Asha P. v. State of Kerala

Kerala HC9 Aug 2023OP(KAT)/332/2023

Case brief

AI extract

What is this about?

This court examined the interim stay arrangements extended by the Administrative Tribunal regarding a chain transfer order of Assistant Professors. The court found the initial 6-week deadline for the State Government to decide the appeal excessive.

What did the court decide?

The court reduced the time limit for disposal of the appeal by the State Government from 6 weeks to 10 days and modified the interim stay directions accordingly.

Asha P. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 C. JAYACHANDRAN

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WEDNESDAY, THE 9^TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945

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OP(KAT) NO. 332 OF 2023

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AGAINST THE JUDGMENT DATED 19.7.2023 IN OA (EKM).NO. 1212/2023 OF THE KERALA

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ADMINISTRATIVE TRIBUNAL, ERNAKULAM

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PETITIONER/3RD RESPONDENT:

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ASHA P., DAUGHTER OF SARADA P.K., AGED 36 YEARS, WORKING AS ASSISTANT PROFESSOR, P.T.M. GOVERNMENT COLLEGE AT PERINTHALAMNNA -UNDER TRANSFER TO THRISSUR DISTRICT- RESIDING AT CHERULIVALAPPIL HOUSE, PERINCHERRY P.O., THRISSUR, PIN – 680036.

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BY ADVS.M/S.P.K.NIJOY, C.PRABITHA & REJOICE B.CHEMBAKASSERIL

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RESPONDENTS/RESPONDENT 1, 2, 4, 5 & APPLICANT:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN – 695033.

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3 ANILA M., WORKING AS ASSISTANT PROFESSOR, GOVERNMENT COLLEGE, KOYILANDI, KOZHIKODE, [UNDER TRANSFER TO PERINTHALMANNA DISTRICT], PIN – 673303.

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4 DHANYA MOHAN O., WORKING AS ASSISTANT PROFESSOR, KKTM GOVT COLLEGE, KODUNGALLUR, THRISSUR, PIN – 680663.

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5 SREEVIDYA S., AGED 48 YEARS, WIFE OF VENUGOPAL S., SREEVALSAM, KOCHI - 682018, ERNAKULAM, WORKING AS ASSISTANT PROFESSOR, SRI. C. ACHUTHA MENON GOVERNMENT COLLEGE, THRISSUR [UNDER TRANSFER TO GOVERNMENT COLLEGE, KOYILANDI, KOZHIKODE], PIN – 680014.

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SRI. B.UNNIKRISHNA KAIMAL, SENIOR GOVERNMENT PLEADER, ADV. SRI. J. JULIAN XAVIER FOR R-5

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THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON

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09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.

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=============================================

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O. P. (KAT) No. 332 of 2023

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(arising out of the impugned final order dated 19.7.2023 in O.A. (Ekm) No. 1212/2023 on the file of the KAT, Ekm Bench) ============================================== Dated this the 9^th day of August, 2023

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J U D G M E N T

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ALEXANDER THOMAS, J.

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The afore captioned Original Petition has been directed against the impugned Ext.P-5 final order dated 19.7.2023 rendered by the Kerala Administrative Tribunal, Ernakulam Bench, in O. A. (Ekm) No. 1212/2023. The petitioner herein is R-3 in the O.A., respondents 1 & 2 herein are respondents 1 & 2 respectively in the O.A., respondents 3 & 4 herein are R-4 & R-5 respectively in the O.A. and R-5 herein is the original applicant.

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Heard Sri.P.K.Nijoy, learned counsel appearing for the petitioner, Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for R-1 & R-2 and Sri.Julian Xavier, learned counsel appearing for R-5 herein/original applicant. In the nature of the order proposed to be passed by this Court in this O.P., notices to R-3 & R-4 herein will stand dispensed with.

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The prayers in the instant Ext.P-1 Original Application, O.A.(Ekm) No.1212/2023, filed by R-5 herein before the Kerala Administrative Tribunal, Ernakulam Bench, are as follows:

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O.P.(KAT) No. 332/2023

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..2..

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“i. Set aside Annexure A3 to the extent it transfers the applicant from Sri. C. Achuthamenon Govt. College, Thrissur to Govt. College, Koyilandy.

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ii. Declare that applicant is legally entitled to get a posting at KKTM Govt. College, Kodungallur in the light of the fact that KKTM Govt. College, Kodungallur is her home station and is entitled to get a posting to her home station in the light of the fact that she had completed 11 years of outstation employment and also in the light of the fact that one of the incumbents working as Assistant Professor at KKTM Govt. College, Kodungallur have already completed more than 5 years in that station.

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iii. Declare that the 5^th respondent is legally not entitled to continue at KKTM Govt. College, Kodungallur in view of the fact that the 5^th respondent had already completed 5 years in that station and also in the light of the fact that applicant being senior most have raised a claim to that post.

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iv. Award cost of these proceedings.

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v. Grant such other reliefs that may be deemed just and proper by this Hon'ble Tribunal.”

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The Tribunal, after hearing both sides, has rendered the impugned Ext.P-5 final order, disposing of the above O.A., with a direction that the original applicant may file an appeal before the respondent State Government to impugn Anx.A-3 transfer order dated 12.7.2023, issued by the respondent Director of Collegiate Education and that, the appeal shall be heard and disposed of within 6 weeks and until then, the original applicant as well as respondents 3 to 5 in the O.A. shall be allowed to continue in their respective prior stations, etc., provided the appeal is submitted within the stipulated time.

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It appears that the original applicant and the contesting respondents in the O.A. are Assistant Professors, working in Government Colleges, under the Directorate of Collegiate Education.

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..3..

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O.P.(KAT) No. 332/2023

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Anx.A-3 transfer order dated 12.7.2023 has been issued by the respondent Director of Collegiate Education, ordering that the original applicant (Sreevidya S.) will be transferred from her present station at Thrissur to Koyilandy in Kozhikode District. Whereas, the petitioner herein/R-3 in the O.A. has been ordered to be posted from her present station at Perinthalmanna in Malappuram District to Thrissur, to the vacancy which was earlier occupied by the original applicant. The other contesting respondents have also been transferred and posted, as per Anx.A-3 transfer order. In other words, Anx.A-3 transfer order is virtually a chain transfer order, affecting various incumbents. The case of the petitioner/R-3 in the O.A. is that, in pursuance of Anx.A-3 transfer order, she had complied with the same and got herself relieved from her present station at Perinthalmanna, Malappuram District and had reached Thrissur to join in the Government College at Thrissur, in lieu of the original applicant. At that point of time, she was told that, in view of the interim stay arrangement ordered by the Tribunal, as per Ext.P-5, she cannot be permitted to join duty at Thrissur. Her complaint is that, she has no posting now, as she has already been relieved from her previous station and the official respondents, by virtue of Ext.P-5 order of the Tribunal, are not permitting the

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..4..

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O.P.(KAT) No. 332/2023

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petitioner to join duty at Thrissur, etc. Further that, she also secured Transfer Certificate of her children studying in Malappuram District, in order to secure admission at Thrissur.

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We have heard both sides. Ext.P-5 is a final order passed by the Tribunal. The direction is that the original applicant can pursue her appellate remedy and until orders are passed on the appeal, within a period of 6 weeks, the incumbents are to remain in their respective stations, as it stood prior to the issuance of the impugned Anx.A-3 transfer order. After hearing both sides, we are of the view that a slight modification of the directions of the Tribunal is called for. The period of 6 weeks appears to be quite long.

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Sri.Julian Xavier, learned counsel appearing for R-5 herein/original applicant, submits that his party has already filed the appeal, to impugn Anx.A-3 transfer order before the respondent State Government.

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That being so, it is ordered that the competent authority of the respondent State Government in the Higher Education Department will immediately deal with the appeal filed by the original applicant and may dispose of the said appeal without any delay, at any rate, within a period of 10 days from the date of receipt of a copy of this judgment. The interim arrangement made by the

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O.P.(KAT) No. 332/2023

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..5..

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Tribunal, as per Ext.P-5, will continue only till the disposal of the above appeal within the limited time, as above. In view of the fact that the order under challenge is a transfer order, there is no necessity for any personal hearing to the incumbents concerned. The petitioner can also submit her representation before the respondent Government, so that the same can also be considered along with the appeal of the original applicant. The competent authority of the State Government in the Higher Education Department should consider the various aspects made out in the appeal and then render a decision, in accordance with the norms and guidelines and pass orders on the appeal filed by the original applicant, within 10 days from the date of receipt of a copy of this judgment. If there is any undue delay in the matter, the petitioner is given liberty to approach the Tribunal, for vindication of her grievances in that regard.

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The directions and orders of the Tribunal, at Ext.P-5, will stand modified, as above.

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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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C. JAYACHANDRAN, JUDGE

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MMG

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APPENDIX OF OP(KAT).NO.332/2023

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PETITIONER'S ANN	EXURES:
ANNEXURE A1	TRUE COPY OF THE DRAFT GENERAL TRANSFER LIST DATED 20-6-2023
ANNEXURE A2	TRUE COPY OF THE OBJECTION DATED 22-6-2023 FILED BY THE APPLICANT BEFORE THE 2ND RESPONDENT
ANNEXURE A3	TRUE COPY OF THE ORDER NO. A2/13104/2023/D.C.E. DATED 12-7-2023 ISSUED BY THE 2ND RESPONDENT
ANNEXURE A4	TRUE COPY OF THE TRANSFER GUIDELINES OF THE GOVERNMENT EMPLOYEES GO(P) NO. 3/2017 P&ARD DATED 25-2-2017
ANNEXURE A5	TRUE COPY OF THE PETITION/APPEAL DATED 15-7- SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT
ANNEXURE A6	TRUE COPY OF THE SCREENSHOT OF THE EMAIL DATED 15-7-2023
EXHIBIT P1	TRUE COPY OF THE ORIGINAL APPLICATION IN OA(EKM) NO. 1212 OF 2023 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P2	TRUE COPY OF THE TRANSFER CERTIFICATE DATED NIL BEARING NO. 33/23 OF THE PETITIONER'S SON ISSUED FROM AL-AMEEN SENIOR SECONDARY SCHOOL, MANKADA, MALAPPURAM
EXHIBIT P3	TRUE COPY OF THE RELIEVING ORDER DATED 19-7- 2023 ISSUED TO THE PETITIONER FROM P. T. M. GOVERNMENT COLLEGE, PERINTHALMANNA
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 20-7-2023 ISSUED BY THE PRINCIPAL, SRI. C. ACHUTHA MENON GOVERNMENT COLLEGE, THRISSUR TO THE 2ND RESPONDENT
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 19-7-2023 IN OA(EKM) NO. 1212 OF 2023 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P6	TRUE COPY OF THE COMMUNICATION DATED 21-7- 2023 ISSUED BY THE 2ND RESPONDENT

Asha P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Asha P. v. State of Kerala

Case brief

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What did the court decide?

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