Subeera O.P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 OP(KAT).No. 26 of 2015 (Z) --------------------------- AGAINST THE ORDER/JUDGMENT IN OA 2124/2014 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 21-01-2015 PETITIONER(S)/APPLICANT:

---------------------------------------------- SUBEERA O.P AGED 32 YEARS W/O.ABDUL NISSAR.P.

VOCATIONAL INSTRUCTOR (MAINTENANCE AND REPAIRS OF RADIO AND TELEVISION) GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL (BOYS) KOYILANDY, KOZHIKODE DISTRICT RESIDING AT PUTHIYAMPARA HOUSE, POONOOR, UNNIKULAM KOZHIKODE, KERALA 673 574.

BY ADVS.SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS THIRUVANANTHAPURAM - 695 001.

3. SMT.SINDHU.P., AGED 33 YEARS W/O.RIJU C.P., VOCATIONAL INSTRUCTOR IN MRRTV GVHSS FOR BOYS, KOYILANDY K0ZHIKODE DISTRICT - 673 001, RESIDING AT SREELAKAM CHERUPOOLANKANDY, ELANTHUR PO, PUTHIYANIRATH KOZHIKODE - 673 001.

R3 BY ADV. SRI.KALEESWARAM RAJ BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT).No. 26 of 2015 (Z) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: COPY OF O.A NO.2124/2014 ALONG WITH ANNEXURES A1 TO A4 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM P2: TRUE COPY OF THE APPLICATION FOR IMPLEADING FILED BY THE 3RD RESPONDENT BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. P3:TRUE COPY OF THE APPLICATION FILED BY THE 3RD RESPONDENT FOR VACATING THE INTERIM ORDER ALONG WITH ANNEXURE R3(A) TO R3(C) BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL.

P4: TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT.P3 APPLICATION FILED BY THE 3RD RESPONDENT BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL P5: TRUYE COPY OF THE REPLY STATEMENT ALONG WITH ANNEXURE R3(D) FILED BY THE 3RD RESPONDENT TO EXT.P4 FILED BY THE PETITOINER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL P6: TRUE COPY OF THE APPLICATION FILED BY THE 3RD FRESPONDDENT ALONG WITH ANNEXURE R3(E) BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL P7: TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT ALONG WITH ANNEXURE R2(A) BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

P8: TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO EXT.P7 IN THE KERALA ADMINISTRATIVE TRIBUNAL P9: TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO EXT.P5 IN THE KERALA ADMINISTRATIVE TRINUNAL P10: TRUE COPY OF THE ORDER DATED 21/1/2015 IN O.A NO.2124/2014 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PA TO JUDGE Rp

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

=============================== OP (KAT) No. 26 of 2015 ================= Dated this the 8th day of April, 2015

J U D G M E N T

Antony Dominic, J.

Heard the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 2 and the learned counsel appearing for the 3rd respondent. 2.

This OP has been filed by the applicant in OA No.2124/14 on the file of the Kerala Administrative Tribunal. The petitioner and the 3rd respondent are Vocational Instructors. In the OA, the challenge was against Annexure A3 order dated 7/11/14 whereby the petitioner was transferred from Koyilandy to Trikaripur and the 3rd respondent was brought back to Koyilandy in her place. The Tribunal dismissed the OA. It is this order which is under challenge. 3.

At the time of admission, this Court passed interim order permitting the petitioner to continue in the Government Vocational Higher Secondary School Boys, Koyilandy. Today, this OP was brought up at the instance of the 3rd respondent and the request made is that the order passed by this Court shall not stand in the

OP(KAT) No.26/15 : 2 :

way of the authorities in considering the request of the 3rd respondent for transfer in accordance with the guidelines for the academic year 2015-16. When this request was made, learned counsel for the petitioner also suggested that the OP can be disposed of leaving it open to the authorities to consider any request made in terms of the guidelines for the academic year 2015-16.

4.

In such circumstances, without entering into the merits of the controversy, this OP is disposed of with the following directions;

(1) Annexure A3 transferring the petitioner from Koyilandy is set aside.

(2) The setting aside of Annexure A3 will not stand in the way of the authorities in considering the request made by the 3rd respondent or the petitioner for transfer for the academic year 2015-16 in accordance with the guidelines or other Government Orders governing transfer.

OP(KAT) No.26/15 : 3 :

(3) The order of the Kerala Administrative Tribunal will stand vacated.

Sd/- ANTONY DOMINIC JUDGE Sd/- ALEXANDER THOMAS JUDGE Rp //True Copy// PA to Judge