T.A.Sharmila Jobet vs Director General Of Education, ...
2022 Latest Caselaw 9906 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

         WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944

                         WP(C) NO. 28255 OF 2022
PETITIONER/S:

             T.A.SHARMILA JOBET,
             UPST, LMS HIGHER SECONDARY SCHOOL, VATTAPPARA,
             THIRUVANANTHAPURAM-(RESIDING AT ARADHANA,
             NEAR CSI CHURCH, VATTAPPARA,
             THIRUVANANTHAPURAM-695028.

             BY ADVS.
             M.R.SABU
             P.RAVINDRAN (SR.)
             LAKSHMI RAMADAS
             APARNA RAJAN
             SREEDHAR RAVINDRAN

RESPONDENT/S:

     1       DIRECTOR GENERAL OF EDUCATION,
             HOUSING BOARD BUILDING,
             SANTHI NAGAR,JAGATHY,
             THIRUVANANTHAPURAM-695014.

     2       THE CORPORATE MANAGER,
             LMS SCHOOLS, LMS COMPOUND, THIRUVANANTHAPURAM,
             PIN-695033.



             SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION         ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28255 OF 2022                  2




                                      JUDGMENT

The petitioner states that she is presently working as UPST in the

LMS Higher Secondary School, Vattapara. She asserts that among the

UPSTs in the school, she is the seniormost. Her grievance is that by Ext.P2

order, the petitioner stands transferred as LPST to the LMS LPS, Muttakad.

According to the petitioner, the transfer amounts to a demotion as the

petitioner is transferred and posted as an LPST and therefore violative to

Ext.P3 Government Order. The petitioner contends that being aggrieved,

she has preferred Ext.P5 appeal along with Ext.P6 application for stay

before the 1st respondent. The solitary prayer in this writ petition is for a

direction to the 1st respondent to take up Exts.P5 and P6 and to take a

decision.

2. The learned Government Pleader points out that Ext.P2 order

is dated 23.8.2022, and the transfer was with effect from 15.7.2022. It is

submitted that if the petitioner is relieved and any other person is taken

charge, it may unsettle the entire exercise.

3. Having regard to the facts and circumstances and taking note

of the fact that Ext.P5 appeal and Ext.P6 stay petition is pending before the

1st respondent, I am of the view that the necessary direction can be issued

to the 1st respondent to take up, consider and pass orders on Exts.P5 and

P6.

Resultantly, there will be a direction to the 1st respondent to take up

Exts.P5 and P6 and to pass orders after affording an opportunity of being

heard to the petitioner as well as the affected parties, if any, within a period

of two months. If a request is made for early hearing of stay petition, the 1st

respondent shall entertain the same, and a decision on the same shall be

taken within a period of two weeks from the date of filing of the application.

Until orders are passed on Ext.P6, the petitioner shall not be unsettled,

subject to the rider that the petitioner has not been relieved and no other

person has taken charge.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 28255/2022

PETITIONERS EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.1998.

Exhibit P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT NO.A/137(1)/2022/CM DATED 23.08.2022.

Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.275/2021/G.EDN.DEPT DATED 06.12.2021.

Exhibit P4 TRUE COPY OF THE COMMUNICATION OF THE ASSISTANT EDUCATIONAL OFFICER NO.F/1366/2022 DATED 23.08.2022.

Exhibit P5 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29.08.2022.

Exhibit P6 TRUE COPY OF THE INTERIM APPLICATION FOR STAY FILED ALONG WITH THE EXT.P5 APPEAL DATED 29.08.2022.

RESPONDENTS EXHIBITS : NIL