Kerala High Court
M.G.Sadanandan vs State Of Kerala on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A.BADHARUDEEN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
OP(KAT) NO. 76 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA 2014/2020 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
M.G.SADANANDAN
SON OF K.V.GOPALAN, AGED 53 YEARS, WORKING AS TEACHER IN
KAVIYOOR, K.N.M.G.H.S.S., KAVIYOOR, MALLAPALLY,
PATHANAMTHITTA-689 582, RESIDING AT NANDANAM, KAVIYOOR,
THIRUVALLA, PATHANAMTHITTA-689 582
BY ADV H.PRAVEEN (KOTTARAKARA)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DIRECTOR GENERAL OF EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM-695 014
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA,
PATHANAMTHITTA DISTRICT-689 601
4 U.SHAJAHAN (HEAD MASTER),
GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA,
PATHANAMTHITTA -689 102
5 V.FANCY (SENIOR ASSISTANT )
GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA,
PATHANAMTHITTA-689 102
O.P (KAT) No.76 of 2021
2
6 P.P.KURIACHAN, (HINDI TEACHER),
GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA,
PATHANAMTHITTA-689 102
7 KANCHANA.R,
(SCIENCE TEACHER), GOVT. MODEL GIRLS HIGH SCHOOL,
THIRUVALLA, PATHANAMTHITTA,689 102
8 JOHN JOY (SOCIAL SCIENCE TEACHER),
GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA,
PATHANAMTHITTA-689 102
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P (KAT) No.76 of 2021
3
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=========================================
O.P (KAT) No.76 of 2021
[arising out of the impugned final order dated 07.01.2021
in O.A No.2014/2020 on the file of the KAT, TVM Bench]
=========================================
Dated this the 01st day of October, 2021
JUDGMENT
Alexander Thomas, J.
The petitioner herein had filed Ext.P2 Original Application, O.A
No.2014/2020 before the Kerala Administrative Tribunal,
Thiruvananthapuram Bench with the following prayers [see page Nos.31 & 32 of
the paper book of the O.P] :
"i. The Promotion of 5th respondent may be stayed till the
finalisation of disciplinary proceedings against her.
ii. The retirement benefits to be paid to 4 th and 6th respondent
upon their retirement by superannuation be kept in abeyance
until finalization of the disciplinary proceedings as against
them.
iii. The 2nd and 3rd respondents may be directed to initiate and
finalize appropriate disciplinary actions against respondent
4 to 8 as directed by this Hon'ble Tribunal in Annex A1 Order
within a time frame to be fixed by this Hon'ble Tribunal.
iv. To direct the 3rd respondent to retransfer the applicant to
Govt.Model Girls High School, Thiruvalla.
v. Grant any other further relief or order as this Hon'ble
Tribunal may deem fit and proper to meet the ends of justice.
O.P (KAT) No.76 of 2021
vi. Grant the costs of this Original Application."
2. The Tribunal, after hearing both sides, has rendered the
impugned Annexure-A1 final order dated 06.12.2019, whereby the submission
made on behalf of the official respondents that, R3 in the O.A viz., Deputy
Director of Education, Thiruvalla, Pathanamthitta District, has already issued
order dated 26.11.2019, whereby it was found that the conduct of the
Headmaster and the teachers in calling out the applicant from the classroom
and admonishing him while confining him in the computer room was not
proper and that appropriate action will be initiated against respondents 5, 6
and that as against the Head Master concerned. The appropriate authority to
initiate proceeding, is the Director of General Education and that the factual
aspects to be placed before the said Director for appropriate action against the
said incumbent. On this aspect, the Tribunal has ordered in para 5 of
Annexure-A1 final order that the official respondents will ensure that follow
up action is taken pursuant to the order dated 26.11.2019 and that, R2 in the
O.A (Director of Public Instructions), will initiate appropriate action on
receipt of the report from R3 in the O.A (Deputy Director of Education).
3. The second plea of the applicant was regarding getting a position
back to the Govt.Model Girls High School at Thiruvalla. On this, the official
respondents have strongly opposed the same and urged that, complaints were
O.P (KAT) No.76 of 2021
received regarding the alleged misbehaviour of the original applicant to
certain girl students of the said school and that therefore, it was highly
necessary to transfer from that school and it is on this basis, that he has been
transferred to a Government School at Kaviyoor, which is the native village of
the original applicant. As regards the said plea, the Tribunal has not
interfered in the matter.
4. Now, the original applicant has filed the present original petition
under Articles 226 & 227 of the Constitution of India with the following
prayers [see page Nos.13 & 14 of the paper book of the O.P] :
"i. Call for the records leading to Exhibit P 1 and set aside Exhibit
P1 order of the Kerala Administrative Tribunal, Principle
Bench, Thiruvananthapuram and allow the original
application, granting the relief sought for in the above OA.
ii. To direct the 2nd and 3rd respondent to initiate and finalize the
appropriate disciplinary action against the respondent No.4 to
8 as directed by the learned Tribunal in Annex A1 order within
the time frame to be fixed by this Hon'ble Court.
iii. To direct 3rd respondent to stay the promotion of 5 th respondent
till the finalization of the disciplinary proceedings.
iv. To direct 3rd respondent that the retirement benefits to be paid
to 4th and 6th respondent upon their retirement by
superannuation to be kept in abeyance until the finalization of
the disciplinary proceedings as against them.
v. Issue such other order or direction which this Hon'ble Court
may deem just, fit and proper in the facts and circumstances of
the case."
O.P (KAT) No.76 of 2021
5. Heard Sri.H.Praveen (Kottarakara), learned counsel
appearing for the petitioner in the O.P / original applicant in the O.A
and Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader
appearing for the official respondents 1 to 3 in the O.P. In the nature of
the orders proposed to be passed by this Court in this O.P, notices to
contesting respondents 4 to 8, will stand dispensed with.
6. Now, the main complaint raised by the learned counsel for
the petitioner/original applicant, is that no effective action has been
taken by the official respondents as against the contesting respondents
inspite of their submissions before the Tribunal and inspite of the
directions issued by the Tribunal. It is brought to this Court's notice
that, now Ext.P19 notice dated 16.09.2021 has been issued on behalf the
2nd respondent-Director General of Education / Director of Public
Instructions, ordering that contesting respondents 4 to 8 shall attend a
personal hearing in the matter on 05.10.2021, for finalizing action in that
regard.
7. Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader
would submit on the basis of instructions of official respondents 1 to 3 that,
after the final hearing held in pursuance of Ext.P19 memo dated 16.09.2021,
O.P (KAT) No.76 of 2021
necessary action would be finalized in respect of the matter against the
contesting respondents, in accordance with law, without much delay and
within a reasonable time limit. The said submissions on behalf of official
respondents 1 to 3 are recorded.
8. As regards the second plea of the original applicant,
Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader would submit
that this Court may not direct the official respondents to transfer and post the
applicant back to the Govt.Model Girls High School at Thiruvalla, inasmuch
as, complaints were received against the alleged misbehavior of the original
applicant vis-a-vis certain girl students and further that, now there is no
established vacancy in the said school to retain an additional incumbent like
the original applicant. Further, it is pointed out by the learned Senior
Government Pleader, that the petitioner/original applicant has been
transferred to the Government School at Kaviyoor and that the native village
of the original applicant is also at Kaviyoor and that since he is visually
disabled person, the said posting of the applicant to a school in his own native
village, will only be of more benefit to him and that it is not known, as to
why the original applicant is insisting that he should be transferred back
to the school at Thiruvalla, where there were allegations against him.
O.P (KAT) No.76 of 2021
9. After hearing both sides, we are not in a position to accede to
the abovesaid plea of the petitioner/original applicant for transferring
him back to the Govt.Model Girls High School at Thiruvalla and the
abovesaid submissions of the learned Senior Government Pleader to
justify the transfer to the school at Kaviyoor, appears to be quite
reasonable and fair, in the circumstances. Hence, no interference is
called for in the considered verdict of the Tribunal. No other orders and
directions are called for.
With these observations and directions, the above Original
Petition, will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
vgd
O.P (KAT) No.76 of 2021
APPENDIX OF OP(KAT) 76/2021
PETITIONER'S ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT PASSED BY THE
LEARNED TRIBUNAL IN OA NO.2070 OF 2019
DATED 06.12.2019.
ANNEXURE A2 TRUE COPY OF THE CONTEMPT PETITION FILED
BY THE APPLICANT AS CONTEMPT PETITION
(CIVIL) NO.41/2020 BEFORE THE TRIBUNAL.
ANNEXURE A3 TRUE COPY OF THE INTERIM ORDER IN OA NO.
2592/2019 DATED 20.12.2019.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE APPLICANT TO 2ND RESPONDENT DATED
24.09.2020.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE APPLICANT TO 3RD RESPONDENT DATED
24.09.2020.
ANNEXURE A6 TRUE COPY OF THE CASE STATUS IN CC NO.
1657/2019 ON THE FILES OF JFMC,
THIRUVALLA.
ANNEXURE R1 TRUE COPY OF THE LETTER DATED 11.10.2018
ADDRESSED TO THE DEPUTY DIRECTOR OF
EDUCATION, PATHANAMTHITTA.
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 07.01.2021 BY
THE KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM IN OA NO. 2014 OF 2020.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF THE
ORIGINAL APPLICATION AS O.A. NO.2014 OF
2020 FILED BY THE PETITIONER BFORE THE
KERALA ADMINISTRATIVE TRIBUNAL PRINICPLE
BENCH, AT THIRUVANANTHAPURAM ALONG WITH
O.P (KAT) No.76 of 2021
ITS ANNEXURES.
EXHIBIT P3 TRUE COPY OF STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATE ISSUED BY
DISTRICT MEDICAL OFFICER, PATHANAMTHITTA.
EXHIBIT P4 TRUE COPY OF THE REPLY GIVEN BY THE 3RD
RESPONDENT DATED 28.06.2018.
EXHIBIT P5 TRUE COPY OF THE AGREEMENT ENTERED BETWEEN
THE PETITIONER AND BINDU PRATEESH AND
SAJINI BIJU DATED 05.10.2018.
EXHIBIT P6 TRUE COPY OF THE TRANSFER ISSUED BY THE
3RD RESPONDENT AS ORDER NO.A3/2477/18
DATED 07.11.2018.
EXHIBIT P7 TRUE COPY OF THE DIRECTION ISSUED BY
SOCIAL JUSTICE OFFICER PATHANAMTHITTA TO
3RD RESPONDENT DATED 08.03.2019 BASED ON
HIS ENQUIRY REPORT.
EXHIBIT P8 TRUE COPY OF THE DIRECTION ISSUED BY
SOCIAL JUSTICE OFFICER, PATHANAMTHITTA TO
COMMISSIONERATE FOR PERSONS WITH
DISABILITIES DATED 26.02.2019
EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THIRUVALLA AS CMP NO.
4583/2019.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
15.10.2019.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE 1ST RESPONDENT DATED 15.10.2019.
EXHIBIT P12 TRUE COPY OF THE MEMORANDUM OF ORIGINAL
O.P (KAT) No.76 of 2021
APPLICATION AS OA NO. 2070 OF 2019 WITHOUT
IT'S ANNEXURES.
EXHIBIT P13 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF 3RD RESPONDENT IN OA NO.2592 OF
2019 BEFORE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P14 A TRUE COPY OF THE ORDER NO.D5/266/2021
D.G.E ISSUED BY 2ND RESPONDENT DATED
15.07.2021
EXHIBIT P15 TRUE COPY OF THE ORDER IN
CRL.M.P.4583/2019 DATED 23/9/2019 ON THE
FILES OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, THIRUVALLA.
EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE SOCIAL
JUSTICE OFFICER, PATHANAMTHITTA NO.P1-
DSJO/106/2019 DATED 6/6/2019
EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS INITIATED BY
THE 3RD RESPONDENT NO.4/6770/2019 DATED
13/10/2020
EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS INITIATED BY
THE 3RD RESPONDENT NO.4/6770/2019 DATED
16/10/2020
EXHIBIT P19 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE 2ND RESPONDENT NO.VB
4/213269/2020/D.G.E DATED 16.9.2021
