WP(C) NO. 17956 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 17956 OF 2022
PETITIONER:
SUDHI RAJ S.
AGED 51 YEARS
SON OF SURENDRAN, HSA (HINDI) SNDP HSS,
MUTTATHUKONNAM, P.O MUTTATHUKONNAM, ELAVUMTHITTA,
PATHANAMTHITTA-689 625 NOW UNDER ORDER OF TRANSFER
TO SNHSS MADATHARA CHITHARA, KOLLAM DISTRICT -
691 541 (RESIDING AT REVATHI ELAVANTHITTA P O,
PATHANAMTHITTA-684 643)
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEXE-
II, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM- 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
CIVIL STATION, PATHANAMTHITTA-689 645.
4 THE CORPORATE MANAGER
CORPORATE MANAGEMENT OF SNDP YOGAM SCHOOLS, PB NO.
512, KOLLAM-691 001.
5 THE HEADMASTER,
SNDP HSS, MUTTATHUKONNAM, P.O MUTTATHUKONNAM,
ELAVUMTHITTA, PATHANAMTHITTA - 689 625.
WP(C) NO. 17956 OF 2022 2
6 THE HEADMASTER,
SNHSS MADATHARA CHITHARA, KOLLAM DISTRICT - 691 541.
7 SMT. KAVITHA PURUSHOTHAMAN,
VPM HSS, KAZIPRAM, THRISSUR DISTRICT - 680 568.
BY ADV A.N.RAJAN BABU
SRI PREMCHAND R NAIR, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17956 OF 2022 3
JUDGMENT
The petitioner is before this Court challenging Ext.P3 order by which he has been transferred from the SNDP Higher Secondary School, Muttathukonam, an aided school under the management of the 4th respondent to the SN HSS, Chithara, another school under the same management.
2. The petitioner contends that the school to which he has been transferred is situated at a distance of about 80kms away from his residence. He urges that he is having 15 years of outstation service and this aspect of the matter was not considered prior to transfer. It is contended that the petitioner has a child who is differently-abled and his constant presence is required for the well being of the child.
3. Sri.A.N.Rajan Babu, the learned counsel who took notice for the 4th respondent, submitted that as is evident from Ext.P3, it was a general transfer order. It is also submitted that numerous complaints were received against the petitioner and the same was also considered at the time of passing the order. Finally, it is submitted that another teacher has taken charge and in that view of the matter, it would not be possible to accommodate the petitioner herein in the said school.
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4. Sri.M.Sajjad, the learned counsel appearing for the petitioner submits that being aggrieved by Ext.P3 order of transfer, the petitioner has preferred Ext.P4 appeal before the 2nd respondent which is pending. He submits that directions be issued to the 2nd respondent to consider the same and take a decision in an expeditious manner with notice to all concerned.
5. Having considered the facts and circumstances and the submissions made across the bar, this writ petition is disposed of directing the 2nd respondent to take up Ext.P4 appeal submitted by the petitioner and take a decision, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative, the respondents 4 to 7 and other affected parties, if any. Orders, as directed above, shall be passed expeditiously, in any event, within a period of two weeks from the date of production of a copy of this judgment.
It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 17956 OF 2022 5 APPENDIX OF WP(C) 17956/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DISCHARGE RECORD ISSUED BY THE SREE-CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY THIRUVANANTHAPURAM TO THE THE PETITIONER ON 29.10.2021 Exhibit P1(A) TRUE COPY OF THE PRESCRIPTION OF HOLTER TEST OF THE PETITIONER DATED 31.05.2022 Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE WITH RESPECT TO THE CHILD OF THE PETITIONER DATED 13.03.2020 Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE MANGER SNDP YOGAM SCHOOLS KOLLAM VIDE ORDER NO. E2/28/2022-DATED 28.05.2022 Exhibit P4 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR DATED 01.06.2022 (WITHOUT EXHIBITS) Exhibit P5 TRUE COPY OF THE CIRCULAR NO.
59442/J2/13/G.EDN DATED 27.05.2014 Exhibit P6 TRUE COPY OF THE CALL LETTER- CARDIAC SURGERY FOR HEART VALVE RE-PLACEMENT ISSUED BY SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY (SCT HOSPITAL) THIRUVANANTHAPURAM DATED 04/10/2021 Exhibit P7 TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD OF THE PETITIONER ISSUED BY THE SREE CHITRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY (SCT HOSPITAL) THIRUVANANTHAPURAM RESPONDENTS' EXHIBITS:
NIL