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Oormila Devi K.K vs State Of Kerala

High Court Of Kerala|15 October, 2014
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JUDGMENT / ORDER

Antony Dominic, J. 1. In this original petition and in its synopsis, the petitioner has described the Kerala Administrative Tribunal as a loyal forum of the Government. Finding the said description of the Tribunal to be objectionable, this Court passed order dated 29.9.2014, directing the petitioner to file an affidavit explaining the reason why she has chosen to come to that conclusion. Subsequently, the petitioner has filed affidavit dated 10.10.2014, confessing that the said comment was unwanted and unfounded and also tendering an unconditional apology for making such a comment. Therefore, accepting the apology thus offered, further proceedings are closed.
2. Petitioner was the Headmistress of Cotton Hill Government Girls Higher Secondary School, Thiruvananthapuram. While so, following an incident that occurred on 16.6.2014, the details of which are unnecessary for the purpose of this case, proceedings OP(KAT).331/14 2 were ordered to be initiated against the petitioner. Following this, the Additional Director of Public Instructions held an emergent enquiry and submitted his report on 18.6.2014. Based on that report, disciplinary proceedings were initiated and pending that, the petitioner was transferred out and posted to the Government Higher Secondary School, Ayilam in Tiruvananthapuram district. This was done by Annexure A3 order and the reason stated in that order is administrative grounds.
3. It was challenging Annexure A3 order, the petitioner approached the Kerala Administrative Tribunal by filing O.A.1153/14. Pending consideration of the O.A., taking into account Annexure A5 and A6 representations filed by the petitioner, the Government issued Annexure A7 order, by which, she was transferred and posted to Government Model Higher Secondary School, Thiruvananthapuram. Thereupon, the petitioner got the O.A. amended, incorporating a challenge to Annexure A7 also.
OP(KAT).331/14 3
4. The O.A. was finally disposed of by Ext.P4 order, directing the first respondent to consider sympathetically whether the petitioner can be accommodated in the Cotton Hill Government Girls Higher Secondary School, Thiruvananthapuram itself. It was also directed that such a decision should be taken within two months from the date of receipt of a copy of that order. It is challenging Ext.P4 order, this original petition is filed.
5. We heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.
6. The petitioner does not have any dispute regarding the fact that she is holding a transferable post. In so far as this case is concerned, the grievance highlighted initially in the OA was against Annexure A3 order, by which, the petitioner was transferred to the Government Higher Secondary School, Ayilam. That grievance is now redressed and by Annexure A7 order, she is posted to Government Model Higher Secondary School, Thiruvananthapuram.
OP(KAT).331/14 4
7. In this original petition, the petitioner insists that she should be posted to the Cotton Hill Government Girls Higher Secondary School, Thiruvananthapuram itself. In our view, the petitioner can have no legal right whatsoever to claim such a relief nor is this Court or the Tribunal would be justified in issuing such a direction. It was therefore that the Tribunal has limited the relief in the OA by directing that the representation shall be dealt with by the respondents and to sympathetically consider whether the petitioner can be accommodated in the Cotton Hill Government Girls Higher Secondary School, Thiruvananthapuram itself. We do not think that this order passed by the Tribunal suffers from any illegality, justifying interference.
Original petition fails. It is accordingly dismissed.
Sd/-
ANTONY DOMINIC, Judge.
kkb.
Sd/-
ANIL K.NARENDRAN, Judge.
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Title

Oormila Devi K.K vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
15 October, 2014
Judges
  • Antony Dominic
  • Anil K Narendran
Advocates
  • V Sethunath Sri
  • V R Manoranjan