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2014 Supreme(Ker) 554

High Court of Kerala
ANTONY DOMINIC & ANIL K. NARENDRAN, JJ.
M. Gopinathan & Another
Versus
State of Kerala, represented by The Secretary & Others
OP (KAT). No. 225 of 2014 (S)
Decided on: 29-09-2014

Advocates:
Advocate Appeared
For the Petitioners:P.C. Sasidharan, Advocate.
For the Respondents: R1 to R3, Mohammed Shah, Sr. Government Pleader.

Headnote:

Constitution of India, 1950 - Article 226 - Kerala State and Subordinate Services Rules, 1958 - Rule 32 - Employee - Transfer of - Findings of - Held, If the service of an employee is found to be not satisfactory at a particular place for whatever reasons, it would be open to the employer to take such remedial measures as are permissible under law to meet the requirements of that situation, like initiation of disciplinary proceedings or transferring the employee out of that place - Order of transfer based on certain complaints alleged to have been made against the employees would render the transfer a punitive transfer can only be rejected - Order of transfer does not affect any legal rights of the employee and the court or tribunal cannot interfere with an order of transfer or posting, which is made in public interest or on administrative exigency

Judgment

Anil K. Narendran, J.

1. The petitioners are the applicants in O.A.No.1068 of 2014 filed before the Kerala Administrative Tribunal. They have filed the said Original Application seeking an order to set aside Annexures-A1 and A4 orders by which the 1st petitioner who was working as HSA (Natural Science) was ordered to be transferred from Government Higher Secondary School, Chettiyankinar, to Government Higher Secondary School, Kadungapuram, and the 2nd petitioner who was working as HSA (Physical Science) in Government Higher Secondary School, Chettiyankinar was ordered to be transferred to Government Vocational Higher Secondary School, Vengara. By Ext.P2 order dated 18/6/2014, the Tribunal dismissed O.A.No.1068 of 2014 and it is aggrieved by the said order the petitioners are before us in this Original Application. By order dated 10/7/2014 this Court granted an interim stay for a period of 10 days, which was extended from time to time.

2. The learned counsel for the petitioners contended that Ext.P2 order of the Tribunal suffers from manifest error apparent on the face of the record. The petitioners were transferred from Government Higher Secondary School, Chettiyankinar, absolutely without any valid reasons. It is a punitive transfer in as much as the petitioners have been transferred on the basis of certain complaints alleged to have been made against them. Though the petitioners are ordered to be transferred from Government Higher Secondary School, Chettiyankinar, based on an enquiry conducted by the Deputy Director of Education, Malappuram, the 3rd respondent herein, the finding in Annexure-A5 enquiry report is that there are no serious lapses on the part of the petitioners in discharging their duties. Per contra the learned Senior Government Pleader appearing for respondents 1 to 3 submitted that there is absolutely no illegality or irregularity in Annexures-A1 and A4 orders and therefore the finding to that effect in Ext.P2 order passed by the Tribunal is perfectly legal and no interference of this Court under Article 227 of the Constitution of India is warranted.

3. We have considered the rival submissions made at the Bar.

4. The petitioners were working as HSA (Natural Science) and HSA (Physical Science) in Government Higher Secondary School, Chettiyankinar. When they were ordered to be transferred from the said school to Government Higher Secondary School, Kadungapuram, and Government Higher Secondary School, Vengara, respectively, they had approached the Tribunal in O.A.No.2836 of 2013. Pursuant to the interim order passed by the Tribunal in that Original Application the petitioners were permitted to continue at Government Higher Secondary School, Chettiyankinar. By Annexure A2 order the Tribunal disposed of O.A.No.2836 of 2013 permitting the petitioners to represent before the Director of Public Instruction, the 2nd respondent herein, against the order of transfer and the said respondent was directed to consider such representations and pass appropriate orders within a period of two months from the date of receipt of a copy of the order. It was made clear that till orders are passed as directed above the interim order granted by the Tribunal in O.A.No.2836 of 2013 will remain in force.

5. Pursuant to the direction contained in Annexure-A2 order, the petitioners filed Annexure-A3 representation before the 2nd respondent. But the same ended in dismissal by Annexure-A4 order stating that the transfer of the petitioners is essential to maintain the harmonious atmosphere of the school and to have a good educational environment. The finding to that effect in Annexure-A4 order passed by the 2nd respondent is based on a complaint alleged to have been made by the parents of about 50 students studying in Government Higher Secondary School, Chettiyankinar, that the petitioners are not regularly attending the school and they are not completing the portions within the stipulated time. The 3rd respondent conducted an enqui















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