Santhosh T vs State Of Kerala
2024 Latest Caselaw 9255 Ker

Kerala High Court

Santhosh T vs State Of Kerala on 3 April, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
           THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                     OP(KAT) NO. 143 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 14.03.2024 IN OA (EKM) NO.256 OF
  2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
                  (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN O.A :-

          SANTHOSH T., AGED 56 YEARS
          NISWARTHA, ELATHUR P.O,KOZHIKODE- 673303
          EARLIER WORKING AS HEADMASTER GVHSS, NADAKKAVU
          KOZHIKODE - 673 011 NOW WORKING AS HEADMASTER GVHSS,
          VALATT WAYANAD, PIN - 670644

          BY ADVS.
          A.L.NAVANEETH KRISHNAN
          ASWATHY KRISHNAN


RESPONDENTS/RESPONDENTS IN O.A :-

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY DEPARTMENT OF GENERAL
          EDUCATION SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695014

    3     THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE
          MANACHIRA, KOZHIKODE, PIN - 673001

    4     GAFOOR. N,
          HEADMASTER, GVHSS NADAKKAVU KOZHIKODE, PIN - 673011

          SRI.A.J.VARGHESE, SR.GP

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) NO. 143 OF 2024
                                     2

                               JUDGMENT

A.MUHAMED MUSTAQUE,J

The petitioner has been transferred from Kozhikode to Wayand.

That was impugned before the tribunal. The tribunal did not interfere

with the transfer taking note of the nature of allegations raised against the

petitioner. However, directed the 2nd respondent to consider his

representation within one month, after affording an opportunity of

hearing him.

In such circumstances, we find no reason to interfere with the order

of the tribunal. Taking note of the fact that, there is a direction to

consider the representation, we direct the petitioner to appear before the

2nd respondent on 09.04.2024 at 11.00 a.m.

This original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE SMA OP(KAT) NO. 143 OF 2024

APPENDIX OF OP(KAT) 143/2024

PETITIONER ANNEXURES :-

Annexure A1 TRUE COPY OF THE SUBMISSION DATED NIL SUBMITTED BY THE APPLICANT TO THE 3RD RESPONDENT.

Annexure A2 TRUE COPY OF THE ORDER NO. D5/1/2024/DGE DATED 09.02.2024 OF THE 2" RESPONDENT.

Annexure A3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.SUDHEER M., MEDICAL OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL DATED 13.02.2024.

Annexure A4 TRUE COPY OF THE MEDICAL REPORT DATED 10.05.2022 OF THE APPLICANT DR.MUHEMMAD CHOLAKKAL, CONSULTANT CARDIOLOGIST, INTERNATIONAL HOSPITAL AND RESEARCH CENTRE.

Annexure A5 TRUE COPY OF THE DISCHARGE SUMMARY DATED 23.06.2023 ISSUED BY DR.MUHEMMAD CHOLAKKAL, CONSULTANT CARDIOLOGIST, IQRAA.

Annexure A6 TRUE COPY OF THE REPRESENTATION DATED 22.02.2024 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT.

Exhibit P1 TRUE COPY OF THE OA(EKM) NO. 256/2024 ALONG WITH ITS ANNEXURES DATED 15.02.2024.

Exhibit P2 TRUE COPY OF THE MA(EKM) NO. 445/2024 ALONG WITH ITS ANNEXURES DATED 12.03.2024.

Exhibit P3 TRUE COPY OF THE ORDER DATED 14.03.2023 IN OA(EKM) NO. 256/2024.

Exhibit P4 TRUE COPY OF THE G.O.(RT) NO.

1572/2024/GEDN DATED 26.02.2024.