High Court of KeralaWP(C)/14265/2014disposed of

Abraham George v. The State Of Kerala

2015-01-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 14265 of 2014 (G) ---------------------------- PETITIONER:

----------- ABRAHAM GEORGE, AGED 43 YEARS SON OF C.T.GEORGE HIGHER SECONDARY SCHOOL TEACHER (COMMERCE) C.M.S.HIGHER SECONDARY SCHOOL, MALLAPPALLY PATHANAMTHITTA DISTRICT (TRANSFERRED TO BMG HIGHER SECONDARY SCHOOL KOTTAYAM DISTRICT) BY ADVS.SRI.M.SAJJAD SRI.T.V.VIJAYARAJAN RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM-695001.

3. THE CORPORATE MANAGER, C.M.S.SCHOOL, DIOCESE OF MADHYA KERALA C.S.I.DIOCESAN OFFICE, CATHEDRAL ROAD KOTTAYAM-686001.

4. SANTHOSH C.CHERIAN, HIGHER SECONDARY SCHOOL TEACHER (COMMERCE) B.M.G.HIGHER SECONDARY SCHOOL KOTTAYAM (TRANSFERRED TO CMS HIGHER SECONDARY SCHOOL MALLAPPALLY, PATHANAMTHITTA DISTRICT) R4 BY ADV. SRI.V.PHILIP MATHEW R BY GOVERNMENT PLEADER SMT. LOWSY A.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14265 of 2014 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: TRUE COPY OF THE ORDER OF THE MANAGER DATED 31.5.2012. P2: TRUE COPY OF THE ORDER OF THE MANAGER DATED 30.5.2014. P3: TRUE COPY OF THE CERTIFICATE ISSUED BY MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 12.9.2001.

P4: TRUE COPY OF THE CERTIFICATE ISSUED BY GOVT. MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 7.4.2008.

P5: TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 2.6.2014.

P6: TRUE COPY OF THE CERTIFICATE ISSUED BY THE ST.GREGORIOS CARDIO VASCULAR CENTRE.

RESPONDENT(S)' EXHIBITS: NIL ----------------------- TRUE COPY PA TO JUDGE SCL.

A. MUHAMMED MUSTAQUE, J.

--------------------------------- W.P.(C) No. 14265 of 2014 ------------------------------- Dated this the 21st day of January, 2015.

JUDGMENT

The petitioner is a physically handicapped person and also he is suffering from cardiac problem. He is holding the post of Higher Secondary School Teacher in aided school. He has approached this Court being aggrieved by a transfer order, transferring him from Mallappally to Kottayam. The petitioner has approached the second respondent, Director of Higher Secondary Education by Ext.P5 appeal.

In view of the above, appropriate decision shall be taken by the second respondent on Ext.P5 after affording an opportunity of being to the petitioner, the third respondent the Corporate Manager within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of.

Sd/- A. MUHAMMED MUSTAQUE JUDGE Scl.