S.Latha v. Travancore Devaswom Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 31337 of 2012 (N) --------------------------------------- PETITIONER(S):
---------------------- S.LATHA, AGED 40 YEARS W/O. SUBHASH K.G., MELETHU PUTHANVEEDU, KAVIYOOR P.O. THIRUVALLA, H.S.A. PHYSICAL SCIENCE D.B.H.S.S. THIRUVALLA.
BY ADV. SRI.P.HARIDAS RESPONDENT(S):
-------------------------
1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANDANCODE THIRUVANANTHAPURAM-695001.
2. DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.
3. HEAD MASTER, DEVASWOM BOARD, HIGHER SECONDARY SCHOOL, THIRUVALLA-686661.
4. HEAD MASTER, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA, THIRUVALLA-686661.
5. E.V.SHOBHANA, H.S.A., PHYSICAL SCIENCE DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA,THIRUVALLA.
6. SMT. L.SUJATHAKUMARI, H.S.A. PHYSICAL SCIENCE DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA. R1,R3 AND 4 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC R2 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ
WP(C).No. 31337 of 2012 (N) --------------------------------------- APPENDIX PETITIONER(S) EXHIBITS ------------------------------------ EXHIBIT P1.
TRUE COPY OF THE COURSE REPORT FOR TRAINING DATED 09.10.2010.
EXHIBIT P2.
TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT PROMOTING THE PETITIONER DATED 07.01.2011.
EXHIBIT P3.
TRUE COPY OF THE LETTER OF THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA DATED 07.06.2000.
EXHIBIT P4.
TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 16.05.1996.
EXHIBIT P5.
TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 30.07.2004.
EXHIBIT P6.
TRUE COPY OF THE IMPUGED DATED 19.12.2012 EXHIBIT P7.
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 00.12.2012. EXHIBIT P8.
TRUE COPY OF THE APPEAL UNDATED SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS -------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
A.V. RAMAKRISHNA PILLAI, J.
-------------------------------------------------- W.P.(C) No. 31337 of 2012 -------------------------------------------------- Dated this the 22nd day of January, 2015
J U D G M E N T
Ext.P6 transfer order of the petitioner is under challenge.
2.
The petitioner is an HSA and associate NCC Officer in the school of the 3rd respondent. According to the petitioner, as per Ext.P4, he cannot be transferred before completion of ten years at a given station and in the event of transfer, he can only be transferred to a school with an NCC Unit. The petitioner has seven years of service in the school, where he was working. However, the 1st respondent passed Ext.P6 order transferring the petitioner to the school of the 4th respondent, which does not have an NCC Unit.
The reason stated is administrative convenience. It is with this background, the petitioner has come up before this Court. 3.
Today, when the matter came up for hearing,
W.P.(C) No. 31337 of 2012 ..2..
the learned counsel for the petitioner submitted that against Ext.P6, he preferred Ext.P8 appeal before the 2nd respondent and the same is pending.
Therefore, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P8 appeal after affording the petitioner an opportunity of being heard.
This shall be done within a period of two months from the date of receipt of a copy of this judgment. Till that exercise is completed, the interim direction of this Court dated 28.12.2012 to maintain status quo shall continue.
Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-