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2024 Supreme(Online)(KER) 5508
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 OP(KAT) NO. 83 OF 2024 AGAINST THE ORDER OA 314/2024 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/S: PREETHI G.V., AGED 45 YEARS W/O. SIVAPRASAD SIVADASAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), GOVERNMENT HIGHER SECONDARY SCHOOL, CHANDIROOR,ALAPPUZHA - 688547, RESIDING AT PRASAD BHAVAN, PUTHIYAVILA, PATTOLI MARKET P.O., ALAPPUZHA, PIN - 690531 BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR SABU PULLAN GOKUL D. SUDHAKARAN R.BHASKARA KRISHNAN BHARATH MOHAN K.P.SATHEESAN (SR.)
RESPONDENT/S:
1 ANIDARSA K., AGED 43 YEARS, W/O SURESHKUMAR A., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PANG, MALAPPURAM-679338, RESIDENT OF NANDANAM, MANALUVILAKAN LANE, KARYAVATTAM P O, THIRUVANANTHAPURAM, PIN 695581
2 HRIDYA DICKSON, AGED 42 YEARS, W/O EDWIN BENJAMIN A, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PUTHUPPADY, KOZHIKODE-673586, RESIDENT OF KARUNA, SREEKRISHNAPURAM, POWDIKONAM PO, THIRUVANANTHAPURAM, PIN - 695588
3 SHEENA V.S., AGED 47 YEARS, W/O SANAL KUMAR S A, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GOVERNMENT MODEL HSS, KOZHIKODE-673001, RESIDENT OF SANTHALAYAM, A.G.R.A-19, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN - 695501
4 DHANYA C.S., AGED 44 YEARS, W/O MAHESH N, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PERASSANNUR, MALAPPURAM-679571, RESIDENT OF DHANYAM, NILAKKAMUKKU, KADAKKAVOOR P O, THIRUVANANTHAPURAM, PIN - 695306
5 SOUMYA R.L., AGED 38 YEARS, W/O BINOJ S, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS CHATHANUR, PERINGODE (VIA), PALAKKAD-679535, RESIDENT OF DEVATHEERTHAM, KURAKKANNI, KUZHIVILA, VARKALA, THIRUVANANTHAPURAM, PIN - 695141
6 MAYA P.S., AGED 47 YEARS, W/O RAMESH JAIN T, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GOVERNMENT BRENNAN HSS THALASSERY, KANNUR-670101, RESIDENT OF GANGOTHRI, VEERALAM, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
7 SMITHA K.B., AGED 51 YEARS, D/O BHASKARAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GGHSS, NEMMARA, PALAKKAD-678508, RESIDENT OF PAVITHRA, MANDAPATHIN KADAVU. OTTASEKHARAMANGALAM PO, THIRUVANANTHAPURAM, PIN 695125
8 SEETHAL RAJU, AGED 40 YEARS. D/O S RAJU, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GMHSS KOZHIKODE- 673001, RESIDENT OF UPASANA, ADICHANELOOR, KOLLAM, PIN - 673001
9 SEEMA NAIR K.S., AGED 45 YEARS, W/O SUNIL R, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS VELLINEZHY, PALAKKAD-679504, RESIDENT OF PALMVIEW, KULANGARA LANE, PATTOM, THIRUVANANTHAPURAM, PIN -
695004
10 MANJEERA K.S., AGED 51 YEARS, W/O RAVI K, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GOVERNMENT GHSS B.P ANGADI, TIRUR, MALAPPURAM-676410, RESIDENT OF T C 43/1051 (4), MANJEERAM, ARYANKUZHY LANE, MANACAUD P O. THIRUVANANTHAPURAM, PIN - 695009
11 SOBHA K.C., AGED 41 YEARS, W/O. PRAJITH, HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY), PRESENTLY WORKING AT GHSS KADAPPOOR, KOTTAYAM-686587, RESIDENT OF HARINANDANAM, MADATHIVILA, KEZHETHOTTAM, PARASSALA PO, THIRUVANANTHAPURAM, PIN - 695502
12 CHANDULAL C.C., AGED 41 YEARS, S/O CHANDRABALAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PRAPOYIL, KANNUR-670511, RESIDENT OF POONKAVANAM, ELAKAMON P O, VARKALA, THIRUVANANTHAPURAM, PIN -
695310
13 BINDU J L, AGED 53 YEARS , W/O SURESH TS. ,HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PATHIRIPALA, PALAKKAD-678631, RESIDENT OF GRAC 40, CHERUVALLY LANE, GANDHIPURAM, SREEKARYAM, THIRUVANANTHAPURAM, PIN 695017
14 THANUJA N, AGED 54 YEARS , W/O ASHARAF M, HIGHER SECONDARY SCHOOL TEACHER (HOME SCIENCE), PRESENTLY WORKING AT GHSS PIRAVAM, ERNAKULAM-686664, RESIDENT OF HANZAL, KLRA-62.
KUKILIYA LANE, JAGATHY. THIRUVANANTHAPURAM-, PIN -
695014
15 BABU G NAIR, AGED 53 YEARS S/O GOPALAN NAIR, HIGHER SECONDARY SCHOOL TEACHER (BOTANY JUNIOR), PRESENTLY WORKING AT GHSS ELAVALLY, THRISSUR-680511, RESIDENT OF PANCHAMI, VELINALLUR, OYUR PO, KOLLAM, PIN - 691510
16 SABEEJA B, AGED 44 YEARS W/O MOHAMED HASHIR, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT DEVADHAR GOVERNMENT HSS, K PURAM P O, TANUR, MALAPPURAM- 676307, RESIDENT OF DELIGHT, NEAR NAMBIARKULARN, PALLIPPURAN P O, THIRUVANANTHAPURAM, PIN - 695316
17 CHITHRA SATHYAN, AGED 50 YEARS W/O DILEEP KUMAR PI, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT KERALA VARMA MEMORIAL GOVERNMENT HSS, ERIYAD, THRISSUR-680666, RESIDENT OF DILEEP NIVAS, AYIROOPARA P O, THIRUVANANTHAPURAM, PIN - 695584
18 NISHA UNNITHAN, AGED 47 YEARS D/O K V UNNITHAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GGHSS NEMMARA, PALAKKAD-678508, RESIDENT OF PANCHAMAM, PERUKAVU P O, THIRUVANANTHAPURAM, PIN 695573
19 ANILA S, AGED 47 YEARS W/O KRISHNAKUMAR R, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS MAVOOR, KANNIPARAMBA, KOZHIKODE-673661, RESIDENT OF TC
50/708, THITTAMATHU VEEDU, KALADY, KARAMANA PO, THIRUVANANTHAPURAM, PIN - 695002
20 SOUMYA RAJ, AGED 38 YEARS W/O ANEESH K S, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS MANKADA, MALAPPURAM-679324, RESIDENT OF TC 42/875 (1), SREENAGAR, VALLAKADAVU PO, THIRUVANANTHAPURAM, PIN -
695008
21 SREEKALA L, AGED 47 YEARS W/O VIJAYAKUMAR K, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GVHSS PATHIRIPPALA, PALAKKAD-678642, RESIDENT OF CHIRAYATH TC 25/3762 HOUSE NO. B11 KANAKANAGAR, B STREET, KOWDIAR P O.
THIRUVANANTHAPURAM, PIN - 695003
22 SEENA S, AGED 40 YEARS W/O MOHAMAD JUNAYD, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), PRESENTLY WORKING AT GHSS KALLAR, MUNDIYERUMA, IDUKKI-685552, RESIDENT OF MUBARAK MANZIL, MUKKUNNAM, KADAKKAL PO, KOLLAM, PIN - 691536
23 ALIS JOHN, AGED 52 YEARS W/O WILSON T, HIGHER SECONDARY SCHOOL TEACHER (PHYSICS), PRESENTLY WORKING AT GHSS PATHIRIPALA, PALAKKAD-678642, RESIDENT OF NELLIVILA, VADAKKETHIL, PUTHUMALA PO, PARAKODE, PATHANAMTHITTA, PIN - 691554
24 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
25 SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
695001
26 DIRECTOR OF GENERAL EDUCATION, HIGHER SECONDARY EDUCATION WING, DIRECTORATE OF GENERAL I EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, PIN - 695001
27 ARCHANA G, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), NOW UNDER ORDERS OF TRANSFER FROM GHSS, KIDANGARA, ALAPPUZHA-
686102 TO GHSS, PERUMBALA, ALAPPUZHA, PIN - 688570
28 ANISH DIVAKARAN, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) NOW UNDER ORDERS OF TRANSFER FROM GBHSS, KOTTARAKARA, KOLLAM. TO GHSS, VECHOOCHIRA COLONY, PATHANAMTHITTA, PIN - 686511
29 RAJESH P G, HIGHER SECONDARY SCHOOL TEACHER (BOTANY JR) NOW UNDER ORDERS OF TRANSFER FROM GHSS MANATHALA, THRISSUR-680506 TO GHSS, ELAVALLY, THRISSUR, PIN -
680511
30 SMITHA DAS, HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY) NOW UNDER ORDERS OF TRANSFER FROM GHSS, NEDUMKUNNAM, KOTTAYAM- 686542 TO GHSS, ERATTUPETTAH, KOTTAYAM, PIN - 686121 BY ADVS.
ARAVINDA KUMAR BABU T.K.
M.FATHAHUDEEN SANDRA SUNNY ARUN KUMAR M.A FARAH JYOTHI PRADEEP RENJITH THAMPAN (SR.)(K/276/1990)
SHRI ANTONY MUTTATH, SR.GOVERNMENT PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 26.02.2024, ALONG WITH OP(KAT).90/2024, THE COURT ON 29.02.2024DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 OP(KAT) NO. 90 OF 2024 AGAINST THE ORDER OA 314/2024 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001
2 THE SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION HIGHER SECONDARY EDUCATION WING, DIRECTORATE OF GENERAL EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM., PIN - 695011 BY SR. GOVERNMENT PLEADER SHRI ANTONY MUTTATH RESPONDENT/S:
1 ANIDARSA K.
W/O. SURESHKUMAR A., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PANG, MALAPPURAM-679338, RESIDING OF NANDANAM, MANALUVILAKAM LANE, KARYAVATTAM P.O., THIRUVANANTHAPURAM-695581, KERALA., PIN - 695581
2 HRIDYA DICKSON W/O. EDWIN BENJAMIN A., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PUTHUPPADY,KOZHIKODE- -673586, RESIDENT OF KARUNA, SREEKRISHNAPURAM, POWDIKONAM P.O., THIRUVANANTHAPURAM-695588, KERALA., PIN - 695588
3 SHEENA V.S.
W/O. SANAL KUMAR S.A., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GOVT. MODEL HSS, KOZHIKODE- -673001, RESIDENT OF SANTHALAYAM, AG.RA -19, BALARAMAPURAM, THIRUVANANTHAPURAM-695501, KERALA., PIN - 695501
4 DHANYA C.S.
W/O. MAHESH N., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS, PERASSANNUR, MALAPPURAM -679571, RESIDENT OF DHANYAM, NILAKKAMUKKU, KADAKKAVOOR P.O., THIRUVANANTHAPURAM-
695306, KERALA., PIN - 695306
5 SOUMYA R.L.
W/O. BINOJ S., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS CHATHANUR, PERINGODE (VIA), PALAKKAD-679535, RESIDENT OF DEVATHEERTHAM, KURAKKANNI, KUZHIVILA, VARKALA, THIRUVANANTHAPURAM-695141, KERALA., PIN - 695141
6 MAYA P.S.
AGED 47 YEARS W/O RAMESH JAIN T., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GOVERNMENT BRENNAN HSS THALASSERY, KANNUR-670101, RESIDENT OF GANGOTHRI VEERALAM, ATTINGAL, THIRUVANANTHAPURAM, KERALA., PIN
695101
7 SMITHA K. B AGED 51 YEARS D/O BHASKARAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GGHSS, NEMMARA, PALAKKAD-678508, RESIDENT OF PAVITHRA, MANDAPATHIN KADAVU, OTTASEKHARAMANGALAM PO, THIRUVANANTHAPURAM, KERALA., PIN - 695125
8 SEETHAL RAJU AGED 40 YEARS D/O S. RAJU, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GMHSS KOZHIKODE-
673001, RESIDENT OF UPASANA, ADICHANELOOR, KOLLAM, KERALA., PIN - 691573 9 SEEMA NAIR K. S.
AGED 45 YEARS W/O SUNIL R, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS VELLINEZHY, PALAKKAD-679504, RESIDENT OF PALMVIEW, KULANGARA LANE, PATTOM, THIRUVANANTHAPURAM, KERALA., PIN -
695004
10 MANJEERA K. S AGED 51 YEARS W/O RAVI K, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GOVERNMENT GHSS B.P ANGADI, TIRUR, MALAPPURAM-676410, RESIDENT OF TC
43/1051 (4), MANJEERAM, ARYANKUZHY LANE, MANACAUD P O, THIRUVANANTHAPURAM, KERALA., PIN - 695009
11 SOBHA K. C.
AGED 41 YEARS W/OPRAJITH, HIGHER SECONDARY SCH TEACHER (ZOOLOGY), PRESENTLY WORKING AT GHSS KADAPPOOR, KOTTAYAM- 686587, RESIDENT OF HARINANDANAM, MADATHIVILA, KEZHETHOTTAM, PARASSALA PO,THIRUVANANTHAPURAM, KERALA., PIN - 695502
12 CHANDHULAL C C AGED 41 YEARS S/O CHANDRABALAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GI PRAPOYIL, KANNUR - 670511, RESIDENT OF POONKAVANAM, ELAKAMON P O, VARKALA, THIRUVANANTHAPURAM, KERALA., PIN 695310
13 BINDU J. L.
AGED 53 YEARS W/O SURESH TS, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS PATHIRIPALA, PALAKKAD-678631, RESIDENT OF GRAC 40, CHERUVALLY LANE, GANDHIPURAM, SREEKARYARN, THIRUVANANTHAPURAM, KERALA., PIN - 695017
14 THANUJA N, AGED 54 YEARS W/O ASHARAF M., HIGHER SECONDARY SCHOOL TEACHER (HOME SCIENCE), PRESENTLY WORKING AT GHSS PIRAVAM, ERNAKULAM-686664, RESIDENT OF HANZAL, KLRA-62, KUKILIYA LANE, JAGATHY, THIRUVANANTHAPURAM, KERALA., PIN - 695014
15 BABU. G. NAIR AGED 53 YEARS S/O. GOPALAN NAIR, HIGHER SECONDARY SCHOOL TEACHER (BOTANY (JUNIOR), PRESENTLY WORKING AT GHSS ELAVALLY, THRISSUR - 680511, RESIDENT OF PANCHAMI, VELINALLUR, OYUR P.O, KOLLAM, PH- 9495070214., PIN -
691510
16 SABEEJA B.
AGED 44 YEARS W/O MOHAMED HASHIR, HIGHER SECONDARY SCHOOL TEACHER(ENGLISH), PRESENTLY WORKING AT DEVADHAR GOVT. HSS, K PURAM P.O, TANUR, MALAPPURAM 676307, RESIDENT OF DELIGHT, NEAR NAMBIARKULAM, PALLIPPURAM PO, THIRUVANANTHAPURAM, PH: 9446178713., PIN -
695316
17 CHITHRA SATHYAN, AGED 50 YEARS W/O DILEEP KUMAR P.I, HIGHER SECONDARY SCHOOL TEACHER(ENGLISH), PRESENTLY WORKING AT KERALA VARMA MEMORIAL GOVT. HSS, ERIYAD, THRISSUR 680666, RESIDENT OF ’DILEEP NIVAS’, AYIROOPARA P.O, THIRUVANANTHAPURAM,PH: 8547333038., PIN 695584
18 NISHA UNNITHAN AGED 47 YEARS D/O K V UNNITHAN, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GGHSS NEMMARA, PALAKKAD - 678508, RESIDENT OF PANCHAMAM, PERUKAVU P.O, THIRUVANANTHAPURAM, PH: 9446463264., PIN -
695573
19 ANILA S AGED 47 YEARS W/O KRISHNAKUMAR R, HIGHER SECONDARY SCHOOL TEACHER(ENGLISH), PRESENTLY WORKING AT GHSS MAVOOR, KANNIPARAMBA KOZHIKODE 673661, RESIDENT OF TC
50/708, THITTAMATHU VEEDU, KALADY, KARAMANA P.O, THIRUVANANTHAPURAM, PH: 9495550135., PIN - 695002
20 SOUMYA RAJ AGED 38 YEARS W/O, ANEESH K.S, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GHSS MANKADA, MALAPPURAM - 679324, RESIDENT OF TC 42/875(1), SREENAGAR, VALLAKADAVU P.O, THIRUVANANTHAPURAM-, PH:
6282483567., PIN - 695008
21 SREEKALA L.
AGED 47 YEARS W/O VIJAYAKUMAR. K, HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), PRESENTLY WORKING AT GVHSS PATHIRIPPALA, PALAKKAD - 678642, RESIDENT OF CHIRAYATH TC 25/3762 HOUSE NO: B11 KANAKANAGAR, B STREET, KOWDIAR P.O, THIRUVANANTHAPURAM, PH: 8547319242., PIN - 695003
22 SEENA S.
AGED 40 YEARS W/O. MOHAMAD JUNAYD, HIGHER SECONDARY SCHOOL TEACHER( MATHEMATICS), PRESENTLY WORKING AT GHSS KALLAR, MUNDIYERUMA, IDUKKI - 685552, RESIDENT OF MUBARAK MANZIL, MUKKUNNAM, KADAKKAL P.O, KOLLAM, PH:
8289980882., PIN 691536
23 ALIS JOHN AGED 52 YEARS W/O. WILSON T., HIGHER SECONDARY SCHOOL TEACHER (PHYSICS), PRESENTLY WORKING AT PATHIRIPALA, PALAKKAD GHSS 678642, RESIDENT OF NELLIVILA, VADAKKETHIL, PUTHUMALA P.O., PARAKODE, PATHANAMTHITTA, PH. 8547385653., PIN - 691554
24 ARCHANA G.
HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), NOW UNDER ORDERS OF TRANSFER FROM GHSS, KIDANGARA, ALAPPUZHA-
686102 TO GHSS, PERUMBALA, ALAPPUZHA-688570, KERALA., PIN - 686102
25 PREETHI G. V HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), NOW UNDER ORDERS OF TRANSFER FROM GHSS, THADATHILPARAMBA-
673638 TO GHSS, CHANDIROOR, ALAPPUZHA-688547, KERALA., PIN - 673638 26 ANISH DIVAKARAN HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) NOW UNDER ORDERS OF TRANSFER FROM GBHSS, KOTTARAKARA, KOLLAM- 691506 TO GHSS, VECHOOCHIRA COLONY, PATHANAMTHITTA-686511, KERALA., PIN - 691506
27 RAJESH P. G.
HIGHER SECONDARY SCHOOL TEACHER (BOTANY JR) NOW UNDER ORDERS OF TRANSFER FROM GHSS MANATHALA, THRISSUR-680506 TO GHSS, ELAVALLY, THRISSUR-680511, KERALA., PIN - 680506
28 SMITHA DAS HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY) NOW UNDER ORDERS OF TRANSFER FROM GHSS, NEDUMKUNNAM, KOTTAYAM-
686542 TO GHSS, ERATTUPETTAH, KOTTAYAM-686121, (ADDITIONAL RESPONDENTS 4 TO 8 ARE IMPLEADED AS PER ORDER DATED 21.02.2024 IN MA 423/24 IN OA NO.
314/24), KERALA., PIN - 686542 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 26.02.2024, ALONG WITH OP(KAT).83/2024, THE COURT ON 26.02.2024 DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
------------------------------------------------
O.P.(KAT).Nos. 83 and 90 of 2024 ------------------------------------------------
Dated this the 29th day of February, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
The State as well as certain private parties are before us in these original petitions challenging the interim order of the Kerala Administrative Tribunal. The matter is related to general transfer of Higher Secondary School Teachers in Government Schools in the State of Kerala. The Tribunal disposed of O.A.No.642/2022 by directing the Government to effect transfer in accordance with the guidelines. The Government passed a general order. This order is being questioned by some of the teachers before the Tribunal. It is in that challenge an interim order has been passed. By this interim order, the Tribunal found that the present general order of transfer was in violation of the earlier direction and directed the Government to revise the transfer list within a period of ten days, and the present transfer order is directed to be kept in abeyance till such exercise is complete. It is appropriate to refer para 8 of the interim order which reads thus:
Therefore, we are of the view that the respondents shall furnish revised transfer for list (i) (home station and other options) final and (ii) all other transfer list (final) in the place of IGH Annexure A12 and A12(e) published as per Annexure A1 order by reckoning the outstation service of the teachers 1 against their opted stations, within a period of ten days. Till such time, further proceedings on implementation of the aforesaid orders of transfer with respect to the two lists mentioned above shall be kept in abeyance.
2. We note that the Tribunal passed such an order, obviously referring to the norms and particularly with reference to the home station and other options. The question regarding violation is pending in contempt proceedings. Whether the present order is passed in violation of direction or not is yet to be decided. We are of the view that the direction in the impugned order to revise the transfer list is premature at this stage, and that can be only decided after hearing the Government and all other teachers who are aggrieved. The Government has an explanation as to the nature of interpretation to be accorded. Therefore, the Government will have to be heard.
3. The next question to be considered is whether the stay granted has to be maintained or not. We note Annexure A1, the order of the Director of General Education. It is seen from the said order that the teachers after relieving from the present school shall return to the school from where they were transferred for the purpose of Higher Secondary Exam duty. Schools are also closing for summer holidays. In such circumstances, we are of the view that the Tribunal shall either dispose of the matter at the earliest after the Government places their objections before the Tribunal, or shall consider the request of the Government to vacate the interim order. It may not be proper for this Court now to interfere with the stay granted without both the parties availing opportunity to raise their pleadings before the Tribunal. In such circumstances, we dispose of the original petitions modifying the impugned order to the extent directing the Government to revise the list. We request the tribunal to consider the disposal of the matter at the earliest, as stay granted will affect the entire transfer of HSST teachers in the State. The Government is also directed to place their objections before the Tribunal within 10 days. We make it clear that it is open for the Tribunal to pass orders on application, if any, requesting to vacate the interim order or final order in this matter after adverting to the objections.
The original petitions stand disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE ms APPENDIX OF OP(KAT) 90/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER NO. HSE/5034/2023-
AD C6 DATED 16.02.2024 OF THE 2ND RESPONDENT.
Annexure A2 TRUE COPY OF THE ABOVE FINAL ORDER DATED
14.07.2022 IN OA NO. 642 OF 2022 OF THE HON’BLE KAT, THIRUVANANTHAPURAM.
Anne
