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The Corporate Manager v. the Director of General Education

Kerala HC10 Jul 2023WP(C)/11391/2023

Case brief

AI extract

What is this about?

The Court disposed of two connected writ petitions regarding a teacher's transfer and posting order issued by the Director General of Education. The Court directed the immediate implementation of the order to post the petitioner at a specific government school while reserving the Manager’s authority to take independent disciplinary action for alleged misconduct in accordance with the law.

What did the court decide?

The petitioner in W.P.(C) No. 17883 of 2023 is directed to be given posting at S.N.D.P. H.S.S. Muttathukonam forthwith, while the Manager is authorized to take appropriate legal action for any miscond

The Corporate Manager Vs the Director of General… — Service and Employment | 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 P.V.KUNHIKRISHNAN

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MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945

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WP(C) NO. 11391 OF 2023

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PETITIONER:

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THE CORPORATE MANAGER
CORPORATE MANAGEMENT OF S.N.D.P. YOGAM SCHOOL
P.B. NO. 512, KOLLAM, PIN - 691001

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BY ADVS.
P.GOPALAKRISHNAN (MVA)
A.N.RAJAN BABU
A.R.EASWAR LAL

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RESPONDENTS:

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1 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT EDUCATIONAL OFFICER CIVIL STATION, PATHANAMTHITTA, PIN - 689645

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3 SUDHIRAJ.S. AGED51YEARS H.S.A. (HINDI), S.N.H.S.S., MADATHARA CHITHARA, KOLLAM DISTRICT, RESIDING AT REVATHI, ELAVANTHITTA.P.O., PATHANANTHITTA -, PIN - 689625

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4 SMT. KAVITHA PURUSHOTHAMAN H.S.T (HINDI), S.N.D.P. H.S.S. MUTTATHUKONAM, PATHANAMTHITTA, PIN - 689623

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 SMT. SURYA BINOY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2023, ALONG WITH WP(C).17883/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos. 11391 and 17883 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
WP(C) NO. 17883 OF 2023

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PETITIONER:

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SUDHI RAJ S
AGED 51 YEARS
SON OF SURENDRAN , HSA (HINDI) SNDP HSS,
MUTTATHUKONNAM, P.O MUTTATHUKONNAM, ELAVUMTHITTA,
PATHANAMTHITTA - 689 625 ( UNDER ORDER OF
TRANSFER TO SNHSS, MADATHARA, CHITHARA, KOLLAM
DISTRICT ). (RESIDING AT REVATHI, ELAVANTHITTA P
O, PATHANAMTHITTA), PIN - 691541
BY ADVS.
V.A.MUHAMMED
M.SAJJAD

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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3 THE DISTRICT EDUCATIONAL OFFICER CIVIL STATION, PATHANAMTHITTA, PIN - 689645

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4 THE CORPORATE MANAGER CORPORATE MANAGEMENT OF SNDP YOGAM SCHOOLS, PB NO. 512, KOLLAM, PIN - 691001

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5 THE HEADMASTER SNDP HSS, MUTTATHUKONNAM, P.O MUTTATHUKONNAM, ELAVUMTHITTA, PATHANAMTHITTA, PIN - 689625

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6 THE HEADMASTER SNHSS, MADATHARA, CHITHARA, KOLLAM DISTRICT, PIN - 691541

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7 SMT. KAVITHA PURUSHOTHAMAN VPM HSS, KAZHIMBRAM THRISSUR DISTRICT

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WP(C) Nos. 11391 and 17883 OF 2023

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(TRANSFERRED TO SNDP HSS, MUTTATHUKONNAM, ELAVUMTHITTA, PATHANAMTHITTA, PIN - 680568

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SMT. SURYA BINOY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.07.2023, ALONG WITH WP(C).11391/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 11391 and 17883 OF 2023

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P.V.KUNHIKRISHNAN, J.

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=================== WP(C) Nos. 11391 and 17883 OF 2023 ===================

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Dated this the 10^th day of July 2023

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J U D G M E N T

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These two writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment.

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W.P.(C) No. 11391 of 2023 is filed with the

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following prayers;

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“ i. To call for the records leading up to Ext. P7.

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ii. To issue a writ of certiorari or any other writ, direction or order quashing Ext. P7 order of 1^st respondent.

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iii. To declare that the 4^th respondent is entitled to preference for transfer and posting at SNDP HSS Muttatuhkonam.

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iv. To grant such other relief which deems fit in the circumstances of the case.” (SIC)

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W.P.(C) No. 17883 of 2023 is filed with the

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following prayers;

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“ i. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 3^rd and 4^th respondents to implement Exhibit P-5 forthwith.

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WP(C) Nos. 11391 and 17883 OF 2023

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ii. To dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

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iii. Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” (SIC)

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The petitioner in W.P.(C) No. 11391 of 2023 is the Manger and the petitioner in W.P.(C) No. 17883 of 2023 is the teacher in the school. In both these writ petitions, the order passed by the Director General Education in a transfer matter is impugned. As per the orders in DGE, the petitioner in W.P.(C) No. 17883 of 2023 is directed to be retained at S.N.D.P. H.S.S. Muttathukonam.

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Today when these writ petitions came up for consideration, the learned counsel appearing for the 4^th respondent submitted that, she is already promoted and she is not pressing the writ petition filed by her as W.P.(C) No. 17883 of 2023. If that is the case, the order passed by the DGE is to be implemented by the Manager. The Manager submitted that, there are several allegations against the petitioner in W.P.(C) No. 17883 of 2023 and he is not even

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WP(C) Nos. 11391 and 17883 OF 2023

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attending the school and there is unauthorized absence also. All those things are matters to be considered separately by the Manager. The Manager is free to take appropriate action in accordance to law, if there is any misconduct, with notice to the petitioner in W.P.(C) No. 17883 of 2023, but the order passed by the DGE is to be implemented.

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Therefore, these writ petitions are disposed of with the following directions;

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i. The petitioner in W.P.(C) No. 17883 of 2023 is to be given posting at S.N.D.P. H.S.S. Muttathukonam forthwith.

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ii. If there is any misconduct from the part of the petitioner in W.P.(C) No. 17883 of 2023, the Manager is free to take appropriate action in accordance to law.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) Nos. 11391 and 17883 OF 2023

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APPENDIX OF WP(C) 17883/2023

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PETITIONER EXHIBITS :

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`EXHIBIT`	`P-1` `TRUE COPY OF THE` `BY THE SCT HOSPIT` `TO THE PETITIONER`	`DISCHARGE RECORD ISSUED` `AL THIRUVANANTHAPURAM` `ON 29.10.2021`
`EXHIBIT`	`P-1(A)` `TRUE COPY OF THE` `TEST OF THE PETIT`	`PRESCRIPTION OF HOLTER` `IONER DATED 31.05.2022`
`EXHIBIT`	`P-2` `TRUE COPY OF THE` `WITH RESPECT TO T` `PETITIONER`	`MEDICAL CERTIFICATE` `HE CHILD OF THE`
`EXHIBIT`	`P-3` `TRUE COPY OF THE` `MANAGER, SNDP YOG` `ORDER NO. E2/28/2`	`PROCEEDINGS OF THE` `AM SCHOOLS, KOLLAM VIDE` `022 DATED 28.05.2022`
`EXHIBIT`	`P-4` `TRUE COPY OF THE` `SUBMITTED BY THE` `DIRECTOR DATED 01`	`APPEAL MEMORANDUM` `PETITIONER BEFORE THE` `.06.2022`
`EXHIBIT`	`P-5` `TRUE COPY OF THE` `DIRECTOR OF GENER` `NO.DGE/85/11/2022`	`PROCEEDINGS OF THE` `AL EDUCATION VIDE ORDER` `DATED 12.03.2023`
`EXHIBIT`	`P-6` `TRUE COPY OF THE` `59442/J2/13/G.EDN`	`CIRCULAR NO.` `DATED 27.05.2014`

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WP(C) Nos. 11391 and 17883 OF 2023

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APPENDIX OF WP(C) 11391/2023

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PETITIONER EXHIBITS :

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`EXHIBIT P1`	`TRUE COPY OF THE SHOW CAUSE NOTICE WITH` `A MEMO OF CHARGES NO.E2/43/2022 DATED` `06-06-2022`
`EXHIBIT P2`	`A TRUE COPY OF TRANSFER ORDER` `NO.E2/28/2022 DATED 28-05-2022 FROM` `S.N.D.P. H.S.S. KAZIMPURAM IN TRICHUR` `DISTRICT UNDER RULE-10 OF CHAPTER XIV` `ISSUED BY THE MANAGER`
`EXHIBIT P3`	`A TRUE COPY OF APPEAL DATED 1ST JUNE` `2022`
`EXHIBIT P4`	`A TRUE COPY OF THE JUDGMENT DATED 3RD` `JUNE 2022 IN W.P.(C) NO.17956 OF 2022`
`EXHIBIT P5`	`A TRUE COPY OF THE ORDER OF THE` `ADDITIONAL DIRECTOR VIDE ORDER NO.` `DGE/8511/2022 ET.3 DATED 31-07- 2022`
`EXHIBIT P6`	`A TRUE COPY OF HEARING NOTE OF THE` `PETITIONER FILED BEFORE 1ST RESPONDENT` `ON 15-07-2022`
`EXHIBIT P7`	`A TRUE COPY OF THE ORDER OF THE` `ADDITIONAL DIRECTOR VIDE ORDER` `NO.DGE/8511/22 DATED 12-03-2023`

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// True Copy // PA To Judge

The Corporate Manager v. the Director of General Education

Case brief

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What did the court decide?

The Corporate Manager v. the Director of General Education

Case brief

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