Anu George vs The State Of Kerala
2022 Latest Caselaw 6120 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                       WP(C) NO. 17809 OF 2022
PETITIONER:

          ANU GEORGE
          AGED 42 YEARS
          S/O T.M.GEORGE, THAIPPARAMBIL HOUSE, MANKURISSI,
          MANKARA P.O, PALAKKAD - PIN - 678 613,
          NOW RESIDING AT JYOTHIS, PUTHALATH PARAMBA,
          ELATHUR P.O., KOZHIKODE, PIN - 673 303.
          NOW WORKING AS THE HEAD MASTER, BEM LP SCHOOL,
          ANNASSERY, THALAKKALATHUR, KOZHIKODE - 673 317.

          BY ADV E.NARAYANAN


RESPONDENTS:

    1     THE STATE OF KERALA
          DEPARTMENT OF GENERAL EDUCATION, REPRESENTED BY ITS
          SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 01.

    2     THE ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          CHOMBALA, CHOMBALA P. O., PIN - 673 308.

    3     THE ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          CHEVAYUR, CHEVAYUR P. O., PIN - 673 017.

    4     THE DIRECTORATE OF PUBLIC INSTRUCTION
          VAZHUTHACAUD-POOJAPPURA ROAD JUNCTION, DPI, JAGATHY,
          THIRUVANANTHAPURAM, KERALA - 695014.

    5     DIOCESE OF MALABAR CHURCH OF SOUTH INDIA,
          CORPORATE MANAGEMENT OF CSI DIOCESAN SCHOOLS (MALABAR
          AND WAYANAD AREA), MALABAR DIOCESAN EDUCATIONAL AGENCY
          (FORMER NORTH KERALA DIOCESAN EDUCATION AGENCY),
          REPRESENTED BY ITS CORPORATE MANAGER, CSI CORPORATE
          MANAGER'S OFFICE, BANK ROAD, KOZHIKODE, PIN - 673 001.
   WP(C) NO. 17809 OF 2022       2



    6       RENJISHA GILBERT
            HEAD MISTRESS, BEM UP SCHOOL, CHOMBALA, CHOMBALA
            P. O., PIN - 673 308.


            SMT NISHA BOSE, SR GP


     THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION    ON   01.06.2022,       THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
   WP(C) NO. 17809 OF 2022      3




                            JUDGMENT

The petitioner contends that he has been working as the

Headmaster of B.E.M L.P School, Annassery, an aided school

managed by the 5th respondent. The petitioner has approached

this Court being aggrieved by Exts.P2 and P3 orders as per

which, he has been transferred in violation to the seniority

norms. The petitioner contends that challenging Ext.P2 and P3

communications, the petitioner has preferred Ext.P5 appeal

before the DGE, which is pending consideration. The prayer in

this writ petition is for directions to the 4th respondent to

consider Exts.P5 appeal and to keep in abeyance all further

proceedings pursuant to Exts.P2 and P3 until Ext.P5 appeal is

heard and disposed of.

2. The learned Government Pleader on instructions

submits that though there is no impediment in considering

Ext.P5 appeal, the prayer for stay of proceedings cannot be

granted as the 6th respondent may have already taken charge.

The above submission is strongly refuted by Sri.E.Narayanan, the

learned counsel appearing for the petitioner, who contends that

the orders have not been acted upon.

3. After having carefully evaluated the contentions

raised in this writ petition, the submissions made across the Bar

and the facts and circumstances, I am of the view that this writ

petition can be disposed of by issuing the following directions:

a) There will be a direction to the 4th

respondent to take up, consider and pass

appropriate orders on Ext.P5, after affording an

opportunity of being heard, either physically or

virtually, to the petitioner herein or his

authorised representative and the respondents

5 and 6.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within a period of

two months from the date of production of a

copy of this judgment.

c) The proceedings pursuant to Ext.P3 shall be

kept in abeyance till Ext.P5 appeal is heard and

disposed of by the DGE. However, the above

direction shall not apply if the 6th respondent

has already taken charge on the strength of

Ext.P3.

d) It would be open to the petitioner to produce

a copy of the writ petition along with the

judgment before the concerned respondent for

further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 17809/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER SUBMITTED BY THE PETITIONER ON 29 -01 -2022.

Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED NIL RECEIVED BY THE PETITIONER OVER MAIL FROM THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED NIL RECEIVED BY THE PETITIONER OVER MAIL FROM THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE SENIORITY LIST ALONG WITH THE COVERING LETTER.

Exhibit P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DPI VIA EMAIL.

RESPONDENTS EXHIBITS : NIL