Kerala High Court
Muhammed Aslam P vs The Deputy Director Of Education on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
OP(KAT) NO. 294 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA (EKM) 1680/2021 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
MUHAMMED ASLAM P.,AGED 54 YEARS,
S/O. MUHAMMED SALI P.,
HIGH SCHOOL TEACHER (HST), G.H.S.S. KOTTILA, KOTTILA,
KANNUR DISTRICT 670 334,RESIDING AT KADAVATH HOUSE, NEAR
URBAN BANK, PAYANGADI R.S. (P.O.), KANNUR DISTRICT 670
358.
BY ADVS.
M.SASINDRAN
S.SHYAM KUMAR
RESPONDENTS/RESPONDENTS:
1 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, CIVIL STATION, KANNUR 670 002.
2 THE DISTRICT EDUCATIONAL OFFICER,
TALIPARAMBA, REVENUE TOWER, COURT ROAD, TALIPARAMBA,
KANNUR DISTRICT, 670 141.
3 THE HEADMASTER,
GOVERNMENT HIGHER SECONDARY SCHOOL, KOTTILA, KOTTILA,
KANNUR DISTRICT 670 334.
OTHER PRESENT:
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (KAT) No.294 of 2021 2
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
O.P (KAT) No.294 of 2021
[Arising out of the impugned final order dated 26.10.2021 in OA.(Ekm)No.1680/2021]
=========================================
Dated this the 2nd day of November, 2021
JUDGMENT
Alexander Thomas, J.
Aggrieved by the impugned Annexure-A3 order dated 11.10.2021
issued by the respondent-Deputy Director of Education, Kannur,
whereby the petitioner herein was ordered to be transferred from his
current station at Government Higher Secondary School, Kottila, to the
new Station at Government Boys Higher Secondary School,
Cherukunnu, the petitioner had preferred the instant original
application, seeking prayers for quashment of the impugned transfer
order and also for interim stay of the transfer order, etc.
2. The Tribunal after hearing both sides, has rendered
impugned Ext.P1 interim order dated 26.10.2021 refusing to grant
interim stay and posted the O.A to enable the respondents in the O.A to
file reply statement in the meanwhile. Aggrieved by the impugned
Ext.P1 order of the Tribunal refusing to grant interim stay, the original
applicant has preferred the instant original petition before this Court
under Articles 226 & 227 of the Constitution of India.
3. Heard Sri.M.Sasindran, the learned counsel appearing for
the petitioner in O.P/applicant in the O.A and Shri.B.Unnikrishna
Kaimal, the learned Senior Government Pleader appearing for the
respondents in the O.P/respondents in the O.A.
4. We heard both sides, in extenso, when the case came up for
admission before this Court on 29.10.2021 and passed an order
directing the respondents in the O.P to immediately furnish
instructions on the points enumerated in para 3 of the order dated
29.10.2021 passed by us. Para 3 of the order dated 29.10.2021 passed
by us in the O.P, reads as follows:
"3. We feel that this case can be considered for
admission only after the official respondents are
enabled to furnish specific factual instructions to the
learned Senior Government Pleader. Accordingly, it is
ordered that R-1 & R-2, more particularly R-1, who is
the author of the impugned Anx.A-3 transfer order
dated 11.10.2021, will furnish instructions regarding
the exact reasons which prompted the transfer order
and also as to the details of the complaints said to have
been given by the Headmaster, students and the
Parent-Teacher Association against the petitioner,
which said to have prompted the issuance of said
transfer order, as mentioned in the impugned order
rendered by the Tribunal. So also, it should be
disclosed as to whether the petitioner has been relieved
and if so, the post of High School teacher (Physical
Science) held by the petitioner in the Government
Higher Secondary School, Kottila, Kannur District, has
been duly filled up by the joining of duty of another
incumbent, ect."
5. Today, when the matter came up for consideration,
Shri.B.Unnikrishna Kaimal, the learned Senior Government Pleader
has made available to us, the written copies of various papers in the
matter, which were taken into account for effectuating the impugned
transfer order. As noted by the Tribunal, it is seen that the impugned
transfer order has been made on the basis of certain complaints against
the conduct of the petitioner in the school at Kottila. We need not get
into the details of the said complaint except to say that we have given
our anxious consideration in the matter and we are of the firm view that
the Tribunal cannot be seriously faulted for having refused to grant
interim stay in this case. At any rate, the said view of the Tribunal at
the ad- interim stage cannot be said to be unreasonable and perverse.
In other words, no grounds have been made out invoking the public law
remedy of the judicial review and superintendence, in the facts and
circumstances of this case. Shri.B.Unnikrishna Kaimal, the learned
Senior Government Pleader has also submitted on instructions from the
respondents that the petitioner has already been relieved from the
school at Kottila on 21.10.2021 in pursuance of the impugned
Annexure-A3 transfer order. Further that the distance between the
petitioner's residence and Kottila's School is about 8 KMs., whereas the
distance between the petitioner's residence to the new school at
Government Boys School, Cherukunnu is lesser, which is coming to
only 7 Kms., etc.. Shri.M.Sasindran submits that this Court may order
that the petitioner may be retained in the school at Kottila for a further
period of two weeks, etc. or in the alternative, this Court may direct the
respondents to grant time by a further period of two weeks from today,
to enable the petitioner to join the new school at Cherukunnu.
6. After hearing both sides, we are of the view that the first
plea made for further retention in the school at Kottila cannot be
acceded to by us. However, we direct the respondents in the O.A., to
grant further time by two weeks as last chance to the petitioner to
enable him to join the new school at Cherukunnu, and this would be
without prejudice to the contentions in the petitioner in the O.A,
Further, Shri.M.Sasindran, the learned counsel appearing for the
petitioner submits on the basis of the instructions of his party, that the
petitioner is deeply wounded by the consistent false allegations raised
by him from various quarters and that this could be the "last straw on
the camel's back" and that the petitioner intends to move an application
for voluntary retirement from the service, immediately after the joining
the new school at Cherukunnu. We need not examine those issues for
the simple reason that the plea for voluntary retirement is not an issue
raised in the present O.A or in the O.P as the issue is confined only to
the legality or otherwise to the impugned Annexure-A3 transfer order.
However, we would say that if the petitioner files any application for
voluntary retirement, after joining the new school at Cherukunnu, then
the same may be duly considered by the competent authority in
accordance with applicable rules. However, all we would say is that the
petitioner, who is now around 53 years of age and has hardly two years
to reach the superannuation age, may seriously contemplate as to
whether such a step is really warranted and necessary and then to
proceed further in the matter, in accordance with law.
With these observations and directions, the above Original
Petition will stand dismissed.
sd/-
ALEXANDER THOMAS, JUDGE
sd/-
VIJU ABRAHAM, JUDGE
pm
APPENDIX OF OP(KAT) 294/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED
26.10.2021 IN O.A. (EKM) 1680 OF 2021
ISSUED BY THE KERALA ADMINISTRATIVE
TRIBUNAL, ADDITIONAL BENCH ERNAKULAM.
Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF
ORIGINAL APPLICATION (O.A. 1680 OF
2021) FILED BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL ALONG WITH
ANNEXURES.
(ANNEXURES MENTIONED IN THE ORIFGINAL APPLICATION)
Annexure A1 A TRUE COPY OF THE LETTER DATED
10.09.2021 ISSUED BY THE HEADMISTRESS,
TO THE PETITIONER.
Annexure A2 A TRUE COPY OF THE REPLY DATED
14.09.2021 SUBMITTED BY THE PETITIONER
TO THE D.E.O., THROUGH THE HEAD
MASTER.
Annexure A3 A TRUE COPY OF THE ORDER
NO.AI/5073/2020 DATED 11.10.2021
ISSUED BY THE FIRST RESPONDENT DEPUTY
DIRECTOR OF EDUCATION.
