A protected teacher challenged her transfer and sought treatment of a short gap in service to avoid a break. With the transfer already stayed by interim orders, the court directed the Deputy Director of Education to consider her representation Ext.P10 in accordance with law after hearing affected parties within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946
WP(C) NO. 26997 OF 2021
PETITIONER:
SHEEBA JAMES AGED 36 YEARS W/O. BRINDAS, SHEEBA BHAVAN, MELATHIVILA, PUTHIYATHURA P.O, THIRUVANANTHAPURAM DISTRICT 695 526
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
W.P.(C) No. 26997/2021
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9 THE HEADMASTER ST. JOSEPH L.P.S CHOWARA P.O, THIRUVANANTHAPURAM 695 501
BY ADV REMYA RAVINDRAN
SRI.PREMCHAND R.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 26997/2021
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MOHAMMED NIAS C.P., J.
- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26997 of 2021
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of March, 2024
J U D G M E N T
The petitioner was working as UPSA at the SNDP U.P.S, Karumkulam. The petitioner thereafter became a protected teacher in the year 2016 and was transferred to Government V.V.L.P.School, Chenkikkunnu, Kilimanoor. A vacancy of Head Teacher occurred at the eighth respondent school, the petitioner was appointed as a protected teacher at the said school on 13/11/2019 based on the order of the fourth respondent. Thereafter, the fourth respondent transferred the petitioner to Malappuram District vide Ext.P5 order dated 17/11/2021.
W.P.(C) No. 26997/2021
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fourth respondent to consider Ext.P10 in the light of the above facts and to take an appropriate decision in accordance with law, with notice to the
petitioner and other affected parties, if any and after affording an opportunity of hearing to them, within an outer time limit of six weeks
from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE
APA
W.P.(C) No. 26997/2021
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APPENDIX OF WP(C) 26997/2021
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE MANAG 06-20 |
COPY OF TH ER OF SNDP 09 |
E APPOINTMENT ORDER OF THE U.P.S KARUMKULAM DATED 01- |
|---|---|---|---|
| EXHIBIT P2 | TRUE RESPO |
COPY OF NDENT DATED |
THE REQUEST OF THE 8TH 14-08-2019 |
| EXHIBIT P3 | TRUE RESPO 08-20 |
COPY OF NDENT TO TH 19 |
THE REQUEST OF THE 7TH E 4TH RESPONDENT DATED 19- |
| EXHIBIT P4 | TRUE DATED |
COPY OF THE 13-11-2019 |
ORDER OF THE 4TH RESPONDENT |
| EXHIBIT P5 | TRUE DATED |
COPY OF THE 17-11-2021 |
ORDER OF THE 4TH RESPONDENT |
| EXHIBIT P6 | TRUE RESPO |
COPY OF THE NDENT DATED |
RELIEVING ORDER OF THE 9TH 23-11-2021 |
| EXHIBIT P7 | TRUE DATED |
COPY OF THE 24-11-2021 |
ORDER OF THE 5TH RESPONDENT |
| EXHIBIT P8 | TRUE COURT 26061 |
COPY OF TH DATED 2 /2021 |
E ORDER OF THE THIS HONBLE 2-11-2021 IN W.P9C) NO. |
| EXHIBIT P9 | TRUE DATED 1550/ |
COPY OF THE 24-11-202 2021 |
ORDER OF THIS HONBLE COURT 1 IN WRIT APPEAL NO. |
| EXHIBIT P10 | TRUE PETIT DATED |
COPY OF T IONER SUBMI 06.12.2021 |
HE REPRESENTATION OF THE TTED TO THE 4TH RESPONDENT |
1 issue framed by the court
Whether the period from 24/11/2021 to 01/12/2021 should be treated so as to prevent a break in the protected teacher's service.
Sheeba James
State of Kerala represented by its Secretary, General Education Department
Director of General Education
Additional Director of General Education
Deputy Director of Education, Nallumukku, Thiruvananthapuram
Deputy Director of Education, Malappuram
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
