Kerala High Court
Leena Janardhanan vs State Of Kerala on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
OP(KAT) NO. 183 OF 2021
AGAINST THE ORDER IN OA (EKM).NO.1167/2021 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/APPLICANTS:
1 LEENA JANARDHANAN, AGED 41 YEARS,
W/O. SREESHANTH, HST (NATURAL (SCIENCE), POOKKODU
GOVERNMENT MODEL RESIDENTIAL SCHOOL, LAKKIDI P.O. WAYANAD
DISTRICT 673 576, RESIDING AT THYYATT ILLAM, MADIYUR,
KALPETTA, WAYANAD DISTRICT 673 121.
2 RADHIKA P., AGED 43, W/O. SHANMUKHADAS K.V.,
HST (MALAYALAME), POOKKODU GOVERNMENT MODEL RESIDENTIAL
SCHOOL, LAKKIDI P.O. WAYANAD DISTRICT 673 576, RESIDING
AT KELOTH QUARTERS, OLD VYTHIRI, VYTHIRI P.O , WAYANAD
DISTRICT 673 576..
BY ADVS. M/S.MATHEW KURIAKOSE,J.KRISHNAKUMAR (ADOOR) &
MONI GEORGE
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2 THE SECRETARY,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
OP(KAT) No. 183 of 2021
2
3 THE DIRECTOR, GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
JAGATHY P.O., THIRUVANANTHAPURAM 695 014.
4 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KALPETTA, WAYANAD 673 122.
5 DISTRICT EDUCATIONAL OFFICER,
WAYANAD, CIVIL STATION, KALPETTA, WAYANAD 673 122.
6 THE HEAD MASTER,
GOVERNMENT MODEL RESIDENTIAL SCHOOL, POOKKODU,
LAKKIDI P.O. WAYANAD DISTRICT 673 576.
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN
FINALLY HEARD ON 02.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) No. 183 of 2021
3
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
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O.P.(KAT) No. 183 of 2021
{arising out of the impugned interim order dated 29.7.2021 in O.A.(Ekm) No.
1167/2021 on the file of the KAT, Ernakulam Bench}
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Dated this the 2nd day of August, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The petitioners herein have been ordered to be transferred from
their present station at Government High School, Pookkodu, Wayanad
district to Government High Schools at Kunjome and Waleri, Wayanad
district, as per the impugned Anx.A-1 transfer order dated 23.7.2021
issued by the Deputy Director of Education, Wayanad. Thereupon, they
have challenged Anx.A-1 transfer order by institution Ext.P-1 O.A.
(Ekm) No.1167/2021 before the Kerala Adminsitrative Tribunal,
Ernakulam Bench. They have also sought for interim stay of the
operation and enforcement of the impugned Anx.A-1 transfer order.
The Tribunal, after hearing both sides as rendered Ext.P-2 order dated
29.7.2021 in O.A. (Ekm) No. 1167/2021, refusing to grant interim stay
of the impugned transfer order at Anx.A-1, as sought for by the
OP(KAT) No. 183 of 2021
petitioners herein/ original applicants in the O.A. Being aggrieved by
the refusal on the part of the Tribunal in granting interim stay, the
petitioners herein have filed the instant Original Petition (KAT) with
the following prayer [See page 8 of the paper book of this OP(KAT)] :
''.... set aside Exhibit P2 order and allow the interim reliefs
claimed in Exhibit P1 Original Application, by allowing this Original
Petition.''
2. Heard Sri.Mathew Kuriakose, learned counsel appearing for
the petitioners in the O.P./applicants in the O.A. before the Tribunal
and Sri.Saigi Jacob Palatty, learned Senior Government Pleader
appearing for the respondents in the O.P./ respondents in the O.A.
before the Tribunal.
3. On the basis of the reports given at Anx.A-4 dated
15.6.2020 issued by the District Police Chief, Wayanad and Anx.A-8
report submitted by the District Educational Officer, Wayanad, the
4th respondent Deputy Director of Education, Kalpetta, Wayanad, has
issued impugned Anx.A-1 transfer order dated 23.7.2021 whereby it has
been ordered that the two petitioners herein are transferred and posted
in their present station at Government High School, Pookkodu,
OP(KAT) No. 183 of 2021
Wayanad district to Government High Schools at Konjome and Waleri,
Wayanad district, on the ground that the said transfer order is
warranted in view of the interest of smooth administration. The
Tribunal, after hearing both sides, has noted that the transferring
authority has taken the stand that the abovesaid reports at Anx.A-4
issued by the District Police Chief, Wayanad and Anx.A-8 submitted by
the District Educational Officer, Wayanad, the continuance of the
petitioners herein in the present school at Pookkodu, Wayanad district,
may not be conducive for the better interest of the administration, and
that their transfer order is warranted.
4. On this ground the Tribunal has held that no satisfactory
grounds have been made out by the petitioners warranting interim stay
of the transfer order. We are apprised that the original application has
been admitted and is pending consideration before the Tribunal, and
Ext.P-2 is only an interim order passed by the Tribunal refusing to
grant interim stay.
5. Sri.Mathew Kuriakose, learned counsel appearing for the
petitioners herein (original applicants) have strongly urged that there
OP(KAT) No. 183 of 2021
are no materials for reaching any adverse conclusions as against the
petitioners in the reports at Anxs.A-4 & A-8, and that various materials
have been produced in the O.A. to show that no enquiry has been
effectively conducted against the petitioners, as the so called adverse
findings referred to in Anxs.A-4 & A-8 are without any factual basis,
etc.
6. Further that, earlier, the 4th respondent Deputy Director of
Education had issued Anx.A-10 show cause notice dated 5.11.2020 to
both the petitioners in respect of same allegations and for reasons
totally not disclosed to the petitioners, and no further proceedings have
been taken in pusuance of Anx.A-10. It is also pointed out that even in
Ext.P-3 issued as early as on 5.7.2021 by the Director of General
Education, it is shown that vacancies in the post of HSA(Malayalam),
HSA (Natural Science), which are posts held by the petitioners herein
are likely to arise in the Government High School, Pookkodu, whereas
steps for transferring the petitioners are taken as per Anx.A-1 only as
late as on 23.7.2021, and therefore the version in Ext.P-3 issued as early
as on 5.7.2021 as if vacancies will arise in the school would show that
OP(KAT) No. 183 of 2021
there was a premeditated and concerted act on behalf of the authorities
concerned to transfer away the petitioners for extraneous
considerations, etc.
7. The learned Senior Government Pleader has opposed the
submissions of the petitioners.
8. After hearing both sides, the Tribunal has found that the
transferring authority has taken the considered stand that there are
prima facie materials at Anxs.A-4 & A-8 would show that the
continuance of the petitioners in the present station would not be
conducive to the better interest of administration, and that their
transfers are warranted. It is on this ground that the Tribunal has
refused to interfere with the transfer matter. The original application
has been admitted and is pending consideration. We are not prepared
to take the view that the order of the Tribunal at Ext.P-2 refusing to
grant interim stay is a perverse or unreasonable exercise of power.
Unless, we are able to hold that the impugned order of the Tribunal is
vitiated by unreasonableness or illegality, we may not be justified to
interfere with an order of the Tribunal, and that too at the
OP(KAT) No. 183 of 2021
interlocutory stage. The matter is pending consideration before the
Tribunal in the main matter in the O.A.
9. Accordingly, we are of the view that no interference is
called for as against the decision of the Tribunal at Ext.P-2. We would
request the Tribunal to take all reasonable steps possible under these
circumstances to ensure the early final disposal of the instant O.A.
(Ekm) No. 1167/2021 without much delay, preferably within a period of
6 weeks, if that is feasible. The respondents in the O.A. will file their
reply statements in the matter within 2 weeks. No other orders and
directions are called for. However, it is ordered that the impugned
transfer order at Anx.A-1 as it relates to the petitioners herein will be
provisional and subject to the result of above O.A.
With these observations and directions, the above Original
Petition (KAT) will stand disposed.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
MMG
OP(KAT) No. 183 of 2021
APPENDIX OF OP(KAT).NO.183/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION FILED BY THE
PETITIONER AND NUMBERED AS O.A. (EKM) NO. 1167
OF 2021 ON THE FILES OF THE KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH AT ERNAKULAM).
ANNEXURE A1 TRUE COPY OF THE ORDER NO. A5/946/2020 DATED
23.07.2021 OF THE DEPUTY DIRECTOR OF EDUCATION,
WAYANAD.
ANNEXURE A2 TRUE COPY OF THE REPRESENTATION DATED
09.03.2020 SUBMITTED BY SMT. BINDU VINODAN TO
THE CHIEF MINISTER OF KERALA.
ANNEXURE A3 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL
REPORT IN CRIME NO. 155/20 OF PAYYOLI POLICE
STATION.
ANNEXURE A4 TRUE COPY OF THE REPORT DATED 15.06.2020 OF THE
DISTRICT POLICE CHIEF WAYANAD TO THE 4TH
RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE REPORT DATED 02.03.2020
SUBMITTED BY THE DYSP NAROCTIC CELL WHO IS THE
DISTRICT NODAL OFFICER OF SPC WAYANAD TO THE
DISTRICT POLICE CHIEF, WAYANAD.
ANNEXURE A6 TRUE COPY OF THE REPROT DATED 01.06.2020
SUBMITTED BY THE DEPUTY POLICE SUPERINTENDENT
C- BRANCH, WAYANAD TO THE DISTRICT POLICE
CHIEF, WAYANAD.
ANNEXURE A7 TRUE COPY OF THE APPLICATION DATED 05.01.2021
AND THE INFORMATION DATED 19.01.2021 ISSUED
FROM THE OFFICE OF THE DISTRICT POLICE CHIEF,
WAYANAD.
OP(KAT) No. 183 of 2021
ANNEXURE A8 TRUE COPY OF THE REPROT OF THE 5TH RESPONDENT
REGARDING THE DEATH OF THE FORMER MASTER OF
GMRS POOKKODU.
ANNEXURE A9 TRUE COPY OF THE APPLICATION DATED 04.01.201
AND THE INFORMATION DATED 28.01.2021 ISSUED
FROM THE DISTRICT EDUCATIONAL OFFICE, WAYANAD.
ANNEXURE A10 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
05.11.2020 ISSUED BY THE 4TH RESPONDENT TO THE
APPLICATIONS.,
ANNEXURE A11 TRUE COPY OF THE EXPLANATION DATED 05.02.201
SUBMITTED BY THE FIRST APPLICANT TO THE 4TH
RESPONDENT.
ANNEXURE A12 TRUE COPY OF THE APPEAL DATED 26.07.2021
SUBMITTED BY APPLICANT NO. 1 TO THE SECOND
RESPONDENT.
ANNEXURE A12(A) TRUE COPY OF THE APPEAL DATED 26.07.2021
SUBMITTED BY APPLICANT NO. 2 TO THE SECOND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 29.07.2021
IN O.A. (EKM) NO. 1167 OF 2021 ON THE FILES OF
THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL
BENCH ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 05.07.2021
ISSUED BY THE 3RD RESPONDENT TO THE DEPUTY
DIRECTORS OF EDUCATION REGARDING THE VACANCIES
TO BE FILLED UP IN MODEL RESIDENTIAL SCHOOLS
WITH THE RELEVANT PAGES OF THE LIST OF
VACANCIES APPENDED THEREWITH.
