High Court of KeralaOP(KAT)/48/2015dismissed

Zeenamol M.M v. State Of Kerala

2015-02-24Honourable Mr.Justice K.Harilal,Honourable Mr.Justice Thottathil B.Radhakrishnan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 OP(KAT).No. 48 of 2015 (Z) --------------------------- AGAINST THE ORDER/JUDGMENT IN OA 152/2015 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 28-01-2015 PETITIONER:

------------ ZEENAMOL M.M, AGED 38 YEARS HIGH SCHOOL ASSISTANT (SS) GOVERNMENT HIGHER SECONDARY SCHOOL, THONNAKKAL KUDAVOOR P.O., THIRUVANANTHAPURAM - 695 313.

BY ADVS.SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.M.SALIM SRI.R.SRINATH RESPONDENTS:

-------------

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

2. DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM - 695 014

3. DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM - 695 036.

4. DISTRICT EDUCATIONAL OFFICER THIRUVANANTHAPURAM - 695 001.

R BY SENIOR GOVERNMENT PLEADER SRI.P.M.SANEER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT).No. 48 of 2015 (Z) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 - TRUE COPY OF THE ORDER DT. 28.1.15 OF THE HON'BLE KAT IN OA NO. 152/15.

P2 - TRUE COPY OF OA NO. 152/15 ALONG WITH ANNEXURES A1 TO A3. RESPONDENT(S)' EXHIBITS: NIL --------------------- TRUE COPY PA TO JUDGE SCL.

THOTTATHIL B. RADHAKRISHNAN & K. HARILAL, JJ.

---------------------------- O.P.(KAT) No.48 of 2015 ------------------------------- Dated this the 24th day of February, 2015.

JUDGMENT

Thottathil B. Radhakrishnan, J.

We have heard the very persuasive submissions on behalf of the petitioner, who is a High School Assistant. She has been transferred from Thonnakkal in Thiruvananthapuram District to Varkala in the Thiruvananthapuram District. The crux of the issues is that she is an excess hand and there is no post to accommodate her in Thonnakkal. Though the learned counsel for the petitioner says that his client ought not to have been transferred at this point of time, we notice that the transfer is in public interest inasmuch as she is an excess hand in School at Thonnakkal and there is no post to accommodate her. The Tribunal rightly noted that if she is retained there, she will have to be paid salary from public funds without any

O.P.(KAT) No.48 of 2015 -2work for her, while this school in Varkala has an open vacancy of High School Assistant (Social Science).

Under the aforesaid circumstances, we do not see any jurisdictional error or legal infirmity in the Tribunal having dismissed the original application filed by the petitioner challenging her transfer. We see no ground to interfere under Article 227 of the Constitution of India. This original petition, therefore, fails and is dismissed.

Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/- K. HARILAL JUDGE Scl.