Elizabeth Chacko vs State Of Kerala
2023 Latest Caselaw 8265 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                    WP(C) NO.24923 OF 2023
PETITIONER :-

          ELIZABETH CHACKO, AGED 51 YEARS
          W/O.MATHEW SAMUEL, RESIDING AT VAZHAPARAMBIL HOUSE,
          NARICADU, KUTTAPPUZHA P.O., THIRUVALLA,
          PATHANAMTHITTA DISTRICT, PIN - 689 103,
          NOW WORKING AS HIGH SCHOOL TEACHER (NATURAL SCIENCE)
          ON TRANSFER, ST. THOMAS HS, KEEZHILLAM,
          ERNAKULAM DISTRICT, PIN - 683 541.

          BY ADVS.
          BENOY THOMAS
          PAULSON THOMAS


RESPONDENTS :-

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

    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT OF KERALA, JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695 005.

    3     DISTRICT EDUCATIONAL OFFICER
          MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690 101.

    4     DISTRICT EDUCATIONAL OFFICER
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691.

    5     CORPORATE MANAGER
          MT & EA SCHOOLS, THIRUVALLA, PIN - 688 020.

    6     SOPHY K.H.
          HST (NATURAL SCIENCE), MT HSS, VENMONY,
          ALAPPUZHA DISTRICT, PIN - 689 509.

    7     MINNU MARIAMMA ANTONY
          HST (NATURAL SCIENCE), SCS HSS THIRUVALLA,
          PATHANAMTHITTA DISTRICT, PIN - 689 101.
 WP(C) NO.24923 OF 2023

                                  -: 2 :-

     8       NISHA PHILIP
             HST (NATURAL SCIENCE), MT HS PATHANAMTHITTA,
             PIN - 689 001.

             SRI.PREMCHAND R NAIR, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.08.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.24923 OF 2023

                                    -: 3 :-


                                JUDGMENT

Dated this the 1st day of August, 2023

This writ petition is filed seeking the following reliefs :-

"(i) declare that the present Exhibit P1 transfer of the petitioner is violative of rule 10(1) of Chapter 14A KER in as much as respondents 6 to 8 are newly promoted hands and juniors to the petitioner.

(ii) issue a writ of certiorari quashing Exhibit P1 transfer order to the extent it concerns the petitioner and further direct the 5th respondent Manager to re-consider the transfer effected by Exhibit P1 on the basis of rule 10 & 10(1) of Chapter 14A of KER r/w Clause 19 of G.O. (P) No.12/2004/P&ARD dated 10-09-2004 and retain the petitioner at MTHSS, Venmony, MTHSS, Pathanamthitta or at SCSHSS, Thiruvalla where respondent No.6 is working or in any of the schools in which respondents 7 and 8 are working.

(iii) or in the alternative direct the 1 st respondent to consider and take a decision on Exhibit P3 revision petition after hearing the petitioner, Manager and affected parties including respondents 6 to 8."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner, who is working as High School Teacher (Natural

Science) at MT HSS, Venmony, Alappuzha District, has been

transferred to the St.Thomas HS, Keezhillam by order dated WP(C) NO.24923 OF 2023

31.5.2023. It is submitted that though the petitioner preferred

Ext.P2 representation to the Corporate Manager, no meaningful

steps have been taken on the same. The petitioner, therefore, has

preferred Ext.P3 revision petition before the Government and seeks

a consideration of the same. It is submitted by the learned counsel

for the petitioner that though an appeal would be maintainable

against Ext.P1, since the issue relates to violation of the guidelines

as well, it would be appropriate if the Government considers the

revision petition.

Having heard the learned Government Pleader also and

without expressing any view on the merits of the matter, there will

be a direction to the 1st respondent to take up Ext.P3 revision

petition preferred by the petitioner and consider and pass orders on

the same, with notice to and after hearing the petitioner as well as

the Corporate Manager and the affected teachers including

respondents 6 to 8. Appropriate orders shall be passed, after

hearing all concerned, within a period of four months from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.8.2023 WP(C) NO.24923 OF 2023

APPENDIX OF WP(C) 24923/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE TRANSFER ORDER NO. 146/2023-24 DATED 31-05-2023 ISSUED BY THE 5TH RESPONDENT MANAGER.

Exhibit-P2 TRUE COPY OF THE REPRESENTATION GIVEN TO THE 5TH RESPONDENT MANAGER DATED 31-05-2023.

Exhibit-P3 TRUE COPY OF THE REVISION PETITION DATED 15-07-

2023 OF THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit-P4 TRUE COPY OF THE CERTIFICATE DATED 29-09-2006 ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES.