IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17809 OF 2022
PETITIONER:
ANU GEORGE
AGED 42 YEARS
S/O T.M.GEORGE, THAIPPARAMBIL HOUSE, MANKURISSI,
MANKARA P.O, PALAKKAD - PIN - 678 613,
NOW RESIDING AT JYOTHIS, PUTHALATH PARAMBA,
ELATHUR P.O., KOZHIKODE, PIN - 673 303.
NOW WORKING AS THE HEAD MASTER, BEM LP SCHOOL,
ANNASSERY, THALAKKALATHUR, KOZHIKODE - 673 317.
BY ADV E.NARAYANAN
RESPONDENTS:
1 THE STATE OF KERALA
DEPARTMENT OF GENERAL EDUCATION, REPRESENTED BY ITS
SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 01.
2 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
CHOMBALA, CHOMBALA P. O., PIN - 673 308.
3 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
CHEVAYUR, CHEVAYUR P. O., PIN - 673 017.
4 THE DIRECTORATE OF PUBLIC INSTRUCTION
VAZHUTHACAUD-POOJAPPURA ROAD JUNCTION, DPI, JAGATHY,
THIRUVANANTHAPURAM, KERALA - 695014.
5 DIOCESE OF MALABAR CHURCH OF SOUTH INDIA,
CORPORATE MANAGEMENT OF CSI DIOCESAN SCHOOLS (MALABAR
AND WAYANAD AREA), MALABAR DIOCESAN EDUCATIONAL AGENCY
(FORMER NORTH KERALA DIOCESAN EDUCATION AGENCY),
REPRESENTED BY ITS CORPORATE MANAGER, CSI CORPORATE
MANAGER'S OFFICE, BANK ROAD, KOZHIKODE, PIN - 673 001.
WP(C) NO. 17809 OF 2022 2
6 RENJISHA GILBERT
HEAD MISTRESS, BEM UP SCHOOL, CHOMBALA, CHOMBALA
P. O., PIN - 673 308.
SMT NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17809 OF 2022 3
JUDGMENT
The petitioner contends that he has been working as the Headmaster of B.E.M L.P School, Annassery, an aided school managed by the 5th respondent. The petitioner has approached this Court being aggrieved by Exts.P2 and P3 orders as per which, he has been transferred in violation to the seniority norms. The petitioner contends that challenging Ext.P2 and P3 communications, the petitioner has preferred Ext.P5 appeal before the DGE, which is pending consideration. The prayer in this writ petition is for directions to the 4th respondent to consider Exts.P5 appeal and to keep in abeyance all further proceedings pursuant to Exts.P2 and P3 until Ext.P5 appeal is heard and disposed of.
2. The learned Government Pleader on instructions submits that though there is no impediment in considering Ext.P5 appeal, the prayer for stay of proceedings cannot be granted as the 6th respondent may have already taken charge. WP(C) NO. 17809 OF 2022 4 The above submission is strongly refuted by Sri.E.Narayanan, the learned counsel appearing for the petitioner, who contends that the orders have not been acted upon.
3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:
a) There will be a direction to the 4th respondent to take up, consider and pass appropriate orders on Ext.P5, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the respondents 5 and 6.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a WP(C) NO. 17809 OF 2022 5 copy of this judgment.
c) The proceedings pursuant to Ext.P3 shall be kept in abeyance till Ext.P5 appeal is heard and disposed of by the DGE. However, the above direction shall not apply if the 6th respondent has already taken charge on the strength of Ext.P3.
d) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru WP(C) NO. 17809 OF 2022 6 APPENDIX OF WP(C) 17809/2022 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER SUBMITTED BY THE PETITIONER ON 29 -01 -2022.
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED NIL RECEIVED BY THE PETITIONER OVER MAIL FROM THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED NIL RECEIVED BY THE PETITIONER OVER MAIL FROM THE 5TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE SENIORITY LIST ALONG WITH THE COVERING LETTER.
Exhibit P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DPI VIA EMAIL.
RESPONDENTS EXHIBITS : NIL