Kerala High Court
Pratheesh P.C vs Asha Aravind on 22 November, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2024:KER:87893
O.P.(KAT)Nos.218 and 306 of 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA,
1946
OP(KAT) NO. 218 OF 2022
AGAINST THE ORDER DATED 20.04.2022 IN OA NO.2433 OF
2021 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 3 IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
KERALA, PIN - 695 001
2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE
OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014
3 THE DEPUTY DIRECTOR OF EDUCAION,
DEPUTY DIRECTORATE, IDUKKI DISTRICT, PIN - 685
584
BY ADV GOVERNMENT PLEADER
NISHA BOSE SR GP
RESPONDENTS/APPLICANT/4TH RESPONDENT IN OA:
1 ASHA ARAVIND, AGED 47 YEARS, W/O OMANAKKUTTAN.
D, H.S.T MATHEMATICS (MALAYALAM), P.H.S.S,
VANDIPERIYAR, IDUKKI DISTRICT-685533(UNDER
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O.P.(KAT)Nos.218 and 306 of 2022
2
ORDERS OF TRANSFER TO GVHSS,RAJAKUMARI) RESIDING
AT KUTTIYIL HOUSE, VANDIPERIYAR P.O, NELLIMALA
JUNCTION, IDUKKI, PIN: 685 533.
2 PRATHEESH.P.C, H.S.T MATHEMATICS (MALAYALAM),
G.T.S.S.VALACODE, CHEENTHALAR, IDUKKI DISTRICT
685 502(UNDER ORDERS OF TRANSFER TO P.H.S.S,
VANDIPERIYAR), KERALA, PIN - 685 533
BY ADVS.
S.A.ANAND
JOICE GEORGE
LIJI.J.VADAKEDOM(K/614/1993)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 22.11.2024, ALONG WITH OP(KAT).306/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:87893
O.P.(KAT)Nos.218 and 306 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA,
1946
OP(KAT) NO. 306 OF 2022
AGAINST THE ORDER DATED 20.04.2022 IN OA NO.2433 OF
2021 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/RESPONDENT NO.4:
PRATHEESH P.C, AGED 43 YEARS, S/O.P. P.
CHELLAPPAN, H.S.T. MATHEMATICS (MALAYALAM),
G.V.H.S.S. RAJAKUMARI, IDUKKI, RESIDING AT
PALLATHUKUZHIYIL HOUSE, KUTTIPLANGAD P.O.,
KOKKAYAR, IDUKKI, PIN - 686 514
BY ADVS.
LIJI.J.VADAKEDOM
TOM E. JACOB
REXY ELIZABETH THOMAS
RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 3:
1 ASHA ARAVIND, W/O. OMANAKUTTAN. D, H.S.T.
MATHEMATICS (MALAYALAM). P.H.S.S. VANDIPERIYAR,
IDUKKI DISTRICT, PIN-685 533 (UNDER ORDERS TO
TRANSFER TO GVHSS RAJAKUMARI) RESIDING AT
KUTTIYIL HOUSE, VANDIPERIYAR P.O., NELLIMALA
2024:KER:87893
O.P.(KAT)Nos.218 and 306 of 2022
4
JUNCTION, IDUKKI, PIN - 685 533
2 STATE OF KERALA, REP BY THE SECRETARY TO
GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
3 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE
OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014
4 THE DEPUTY DIRECTOR OF EDUCATION, DEPUTY
DIRECTORATE OF EDUCATION, IDUKKI DISTRICT, PIN -
685 584
BY ADVS.
S.A.ANAND
GOVERNMENT PLEADER
NISHA BOSE SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 22.11.2024, ALONG WITH OP(KAT).218/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:87893
O.P.(KAT)Nos.218 and 306 of 2022
5
JUDGMENT
[OP(KAT) Nos.218/2022, 306/2022]
A. Muhamed Mustaque, J.
These matters are related to transfer. The applicant
before the Tribunal - Asha Aravind was given a transfer to the
place of her choice on compassionate grounds, while working
as HST. The transfer was given to PHSS, Vandiperiyar on
09.09.2021. Thereafter, within three months another order
was passed transferring her from PHSS, Vandiperiyar to
GVHSS, Rajakumari. This was questioned before the Tribunal.
By virtue of interim order, she was permitted to continue at
PHSS, Vandiperiyar. The Tribunal finally disposed of the
matter on 20.04.2022. While disposing of so, the order
transferring her to GVHSS, Rajakumari has been set aside and
she was directed to be posted at PHSS, Vandiperiyar. There
was certain broken period of service. Taking note of the above
fact, the Tribunal ordered regularisation of the broken period
of service as eligible leave.
2. It appears that apparently, one Pratheesh
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O.P.(KAT)Nos.218 and 306 of 2022
P.C. was posted at PHSS, Vandiperiyar before the interim
order was passed by the Tribunal. Since there was an interim
order in favour of Asha Aravind she did not join at the place
where she was transferred.
3. Anyway, by the passage of time these
matters have become infructuous as the transfer is being
effected every academic year. Three years have elapsed. We
need not interfere with the order of the Tribunal interfering
with the transfer order.
4. The learned Government Pleader submits
that since Asha Aravind did not join duty at the place where
she was transferred, the direction in the impugned Judgment
to regularise the broken period of service as eligible leave is
legally erroneous and unsustainable. However, we note that
there was an interim order in favour of Asha Aravind. The
interim order was to the effect that she did not join the place
where she had been transferred. If she had the benefit of an
interim order for non joining of duty at the place where she
was transferred, it is in the interest of justice, that the Tribunal
ordered that the above period should be treated as an eligible
leave. We find that there is no jurisdictional error committed
2024:KER:87893
O.P.(KAT)Nos.218 and 306 of 2022
by the Tribunal and accordingly, we dismiss these original
petitions.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
2024:KER:87893
O.P.(KAT)Nos.218 and 306 of 2022
APPENDIX OF OP(KAT) 218/2022
PETITIONER ANNEXURES
Annexure A1 PHOTO COPY OF THE ORDER
NO.A1/2451/2020 DATED 28.07.2021 OF
THE 3 RD RESPONDENT
Annexure A2 PHOTO COPY OF THE ORDER
NO.A1/2451/2020 DATED 06.09.2021 OF
THE 3 RD RESPONDENT
Annexure A3 PHOTO COPY OF THE ORDER
NO.A1/11266/2021 DATED 15.12.2021 OF
THE 3 RD RESPONDENT
Annexure A4 PHOTO COPY OF THE MEDICAL CERTIFICATE
OF THE APPLICANT ISSUED BY
DR.LINTO.T.MATHEW, MBBS, MS, DNB
(GENERAL), ASSISTANT SURGEON,
COMMUNITY HEALTH CENTRE, VANDIPERIYAR.
Exhibit P1 PHOTO COPY OF THE O.A NO.2433/2021
ALONG WITH ANNEXURES BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL
Exhibit P2 PHOTO COPY OF THE INTERIM ORDER DATED
22.12.2021 OF THE TRIBUNAL IN OA NO.
Exhibit P3 PHOTO COPY OF THE REPLY STATEMENT
FILED BY THE THIRD PETITIONER DATED
03.03.2022
Exhibit P4 P4:PHOTO COPY OF THE MA NO. 723/2022
FILED BY THE 1 ST RESPONDENT HEREIN
Exhibit P5 P5:PHOTO COPY OF THE FINAL ORDER OF
THE KERALA ADMINISTRATIVE TRIBUNAL
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O.P.(KAT)Nos.218 and 306 of 2022
APPENDIX OF OP(KAT) 306/2022
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE ORIGINAL APPLICATION-
O.A. NO. 2433/2021 (ALONG WITH
ANNEXURE-A1 TO A4 PRODUCED IN THE
O.A.)
Exhibit P2 A COPY OF THE REPLY STATEMENT FILED BY
RESPONDENT NO.3 IN O.A. NO. 2433/2021
BEFORE THE KERALA ADMINISTRATIVE
TRIBUNAL
Exhibit P3 THE PHOTOCOPY OF THE INTERIM ORDER
DATED 22.12.2021 IN O.A. NO. 2433/2021
BEFORE THE KERALA ADMINISTRATIVE
TRIBUNAL
Exhibit P4 THE PHOTOCOPY OF THE M.A. NO. 723/2022
IN O.A. NO. 2433/2021 FILED BY THE 1ST
RESPONDENT HEREIN
Exhibit P5 THE PHOTOCOPY OF THE FINAL ORDER DATED
20.4.2022 IN O.A. NO. 2433/2021 BEFORE
THE KERALA ADMINISTRATIVE TRIBUNAL
Exhibit P6 A TRUE COPY OF THE ORDER NO.
A1/11266/2021/DDE DATED 15.7.2022
ISSUED BY THE 4TH RESPONDENT
Exhibit P7 A COPY OF THE ONLINE APPLICATION FOR
TRANSFER SUBMITTED BY THE PETITIONER
FOR 2022-23
