Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940 PETITIONERS: 1 GENERAL MANAGER CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF VERAPOLY, REPRESENTED BY POWER OF ATTORNEY HOLDER, FR.MAICHAEL D CRUZ, RESIDING AT ST.ALBERTS HIGH SCHOOL CAMPUS, BANERJI ROAD, ERNAKULAM, PIN - 682 018. 2 THOMAS PETER.M.R. LOWER PRIMARY SCHOOL TEACHER, KPLP SCHOOL, PERUMANNOOR, PIN - 682 032. BY ADV. SRI.M.A.FAYAZ RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 DISTRICT EDUCATIONAL OFFICER NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM - 682 305. 4 ASSISTANT EDUCATIONAL OFFICER ERNAKULAM - 689 645. 5 ASSISTANT EDUCATIONAL OFFICER VYPPIN - 682 509. SMT G. RANJITA GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
1st Petitioner is the General Manager and the 2nd petitioner is the Lower Primary School Teacher. This writ petition is filed, as the 4 th respondent-Assistant Educational Officer refused the shifting and posting of 2 nd petitioner as LPST from St.Peters LP School Kuruzinkal to KPLP School Perumanoor pursuant to Ext.P3. The reason being that transferee school is an uneconomic school. It is to be noted that, the transferor school under corporate educational agencies to which the 2nd petitioner transferred is also an uneconomic school.
2. Ext.P7 Government Order, permits the transfer of a
teacher from a school which is not having the minimum students strength to another school of similar nature. It is to be noted that, 2nd petitioner is not a fresh hand. He was drawing salary from the transferor school. Accordingly, the 4 th respondent shall take action on the proposal within a period of two weeks from the date of receipt of certified copy of this
judgment and disburse the salary without any delay.
The writ petition is disposed of as above. SAS/04/02/2019 Sd/- //TRUE COPY// A.MUHAMED MUSTAQUE P.A. TO JUDGE JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF ORDER PROMOTING THE 2ND PETITIONER AS HEAD MASTER ALONG WITH THE ENDORSEMENT OF APPROVAL OF APPOINTMENT BY THE 5TH RESPONDENT DTD. 01/06/2016.
EXHIBIT P2 PHOTOCOPY OF THE STAFF FIXATION ORDER
ISSUED IN RESPECT OF ST.PETERS LP SCHOOL KURIZHINKAL FOR THE ACADEMIC YEAR 2018-2019 BY THE 5TH RESPONDENT DTD.30/06/2018. EXHIBIT P3 PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE 1ST PETITIONER VIDE ORDER NO.C4421/2018 DATED 04/09/2018. EXHIBIT P4 PHOTOCOPY OF THE ORDER NO.C 2087/2018/L.DIS ISSUED BY THE 5TH RESPONDENT DATED EXHIBIT P5 PHOTOCOPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DATED 05/12/2018.
EXHIBIT P6 PHOTOCOPY OF THE STAFF FIXATION ORDER
ISSUED IN RESPECT OF KPLP SCHOOL PERUMANNOOR FOR THE YEAR 2018-2019 BY THE 4TH RESPONDENT DTD.02/07/2018.
EXHIBIT P7 PHOTOCOPY OF THE G.O.(MS) NO.83/2018/G.EDN. DATD 12/06/2018. EXHIBIT P8 PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.20976/2016 DATED 11/01/2018. EXHIBIT P9 PHOTOCOPY OF THE CIRCULAR NO.5988/J2/12/G.EDN. DTD.21/02/2012 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 PHOTOCOPY OF THE CIRCULAR NO.32746/J1/92/G.EDN. DTD. 16/07/1992 ISSUED BY THE 1ST RESPONDENT.