Sudhi Raj S vs The State Of Kerala
2022 Latest Caselaw 6269 Ker

WP(C) NO. 17956 OF 2022          1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      WP(C) NO. 17956 OF 2022
PETITIONER:

          SUDHI RAJ S.
          AGED 51 YEARS
          SON OF SURENDRAN, HSA (HINDI) SNDP HSS,
          MUTTATHUKONNAM, P.O MUTTATHUKONNAM, ELAVUMTHITTA,
          PATHANAMTHITTA-689 625 NOW UNDER ORDER OF TRANSFER
          TO SNHSS MADATHARA CHITHARA, KOLLAM DISTRICT -
          691 541 (RESIDING AT REVATHI ELAVANTHITTA P O,
          PATHANAMTHITTA-684 643)

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEXE-
          II, THIRUVANANTHAPURAM - 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM- 695 014.

    3     THE DISTRICT EDUCATIONAL OFFICER,
          CIVIL STATION, PATHANAMTHITTA-689 645.

    4     THE CORPORATE MANAGER
          CORPORATE MANAGEMENT OF SNDP YOGAM SCHOOLS, PB NO.
          512, KOLLAM-691 001.

    5     THE HEADMASTER,
          SNDP HSS, MUTTATHUKONNAM, P.O MUTTATHUKONNAM,
          ELAVUMTHITTA, PATHANAMTHITTA - 689 625.
 WP(C) NO. 17956 OF 2022           2



    6     THE HEADMASTER,
          SNHSS MADATHARA CHITHARA, KOLLAM DISTRICT - 691 541.

    7     SMT. KAVITHA PURUSHOTHAMAN,
          VPM HSS, KAZIPRAM, THRISSUR DISTRICT - 680 568.

          BY ADV A.N.RAJAN BABU


          SRI PREMCHAND R NAIR, SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17956 OF 2022                     3




                                      JUDGMENT

The petitioner is before this Court challenging Ext.P3 order by which he

has been transferred from the SNDP Higher Secondary School,

Muttathukonam, an aided school under the management of the 4th

respondent to the SN HSS, Chithara, another school under the same

management.

2. The petitioner contends that the school to which he has been

transferred is situated at a distance of about 80kms away from his residence.

He urges that he is having 15 years of outstation service and this aspect of the

matter was not considered prior to transfer. It is contended that the petitioner

has a child who is differently-abled and his constant presence is required for

the well being of the child.

3. Sri.A.N.Rajan Babu, the learned counsel who took notice for the

4th respondent, submitted that as is evident from Ext.P3, it was a general

transfer order. It is also submitted that numerous complaints were received

against the petitioner and the same was also considered at the time of passing

the order. Finally, it is submitted that another teacher has taken charge and in

that view of the matter, it would not be possible to accommodate the

petitioner herein in the said school.

4. Sri.M.Sajjad, the learned counsel appearing for the petitioner

submits that being aggrieved by Ext.P3 order of transfer, the petitioner has

preferred Ext.P4 appeal before the 2nd respondent which is pending. He

submits that directions be issued to the 2nd respondent to consider the same

and take a decision in an expeditious manner with notice to all concerned.

5. Having considered the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of directing the

2nd respondent to take up Ext.P4 appeal submitted by the petitioner and take

a decision, after affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorised representative, the

respondents 4 to 7 and other affected parties, if any. Orders, as directed

above, shall be passed expeditiously, in any event, within a period of two

weeks from the date of production of a copy of this judgment.

It would be open to the petitioner to produce a copy of the writ petition

along with the judgment before the concerned respondent to ensure

compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 17956/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DISCHARGE RECORD ISSUED BY THE SREE-CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY THIRUVANANTHAPURAM TO THE THE PETITIONER ON 29.10.2021

Exhibit P1(A) TRUE COPY OF THE PRESCRIPTION OF HOLTER TEST OF THE PETITIONER DATED 31.05.2022

Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE WITH RESPECT TO THE CHILD OF THE PETITIONER DATED 13.03.2020

Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE MANGER SNDP YOGAM SCHOOLS KOLLAM VIDE ORDER NO. E2/28/2022-DATED 28.05.2022

Exhibit P4 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR DATED 01.06.2022 (WITHOUT EXHIBITS)

Exhibit P5 TRUE COPY OF THE CIRCULAR NO.

59442/J2/13/G.EDN DATED 27.05.2014

Exhibit P6 TRUE COPY OF THE CALL LETTER- CARDIAC SURGERY FOR HEART VALVE RE-PLACEMENT ISSUED BY SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY (SCT HOSPITAL) THIRUVANANTHAPURAM DATED 04/10/2021

Exhibit P7 TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD OF THE PETITIONER ISSUED BY THE SREE CHITRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY (SCT HOSPITAL) THIRUVANANTHAPURAM

RESPONDENTS' EXHIBITS:

NIL