OP(KAT) No.76 of 2021 – M.G. Sadanandan v. State of Kerala & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE A.BADHARUDEEN** **FRIDAY, THE 1[ST] DAY OF OCTOBER 2021 / 9TH ASWINA, 1943** ## **OP(KAT) NO. 76 OF 2021** **AGAINST THE ORDER/JUDGMENT IN OA 2014/2020 OF KERALA ADMINISTRATIVE** **TRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM** ## **PETITIONER/APPLICANT:** ## **M.G.SADANANDAN** **SON OF K.V.GOPALAN, AGED 53 YEARS, WORKING AS TEACHER IN KAVIYOOR, K.N.M.G.H.S.S., KAVIYOOR, MALLAPALLY, PATHANAMTHITTA-689 582, RESIDING AT NANDANAM, KAVIYOOR, THIRUVALLA, PATHANAMTHITTA-689 582** ## **BY ADV H.PRAVEEN (KOTTARAKARA)** ## **RESPONDENTS/RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 DIRECTOR GENERAL OF EDUCATION, DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 014** - **3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 601** - **4 U.SHAJAHAN (HEAD MASTER), GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA, PATHANAMTHITTA -689 102** - **5 V.FANCY (SENIOR ASSISTANT ) GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA, PATHANAMTHITTA-689 102** 2 O.P (KAT) No.76 of 2021 - **6 P.P.KURIACHAN, (HINDI TEACHER), GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA, PATHANAMTHITTA-689 102** - **7 KANCHANA.R, (SCIENCE TEACHER), GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA, PATHANAMTHITTA,689 102** - **8 JOHN JOY (SOCIAL SCIENCE TEACHER), GOVT. MODEL GIRLS HIGH SCHOOL, THIRUVALLA, PATHANAMTHITTA-689 102** ## **SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P (KAT) No.76 of 2021 3 ## **ALEXANDER THOMAS & A.BADHARUDEEN, JJ.** ## **========================================= O.P (KAT) No.76 of 2021** [ _arising out of the impugned final order dated 07.01.2021 in O.A No.2014/2020 on the file of the KAT, TVM Bench_ ] **=========================================** Dated this the 01[st] day of October, 2021 ## **JUDGMENT** ## **Alexander Thomas, J.** The petitioner herein had filed Ext.P2 Original Application, O.A No.2014/2020 before the Kerala Administrative Tribunal, Thiruvananthapuram Bench with the following prayers [ _see page Nos.31 & 32 of_ _the paper book of the O.P_ ] : - _“i. The Promotion of 5[th] respondent may be stayed till the finalisation of disciplinary proceedings against her._ - _ii. The retirement benefits to be paid to 4[th] and 6[th] respondent upon their retirement by superannuation be kept in abeyance until finalization of the disciplinary proceedings as against them._ - _iii. The 2[nd] and 3[rd] respondents may be directed to initiate and finalize appropriate disciplinary actions against respondent 4 to 8 as directed by this Hon'ble Tribunal in Annex A1 Order within a time frame to be fixed by this Hon'ble Tribunal._ - _iv. To direct the 3[rd] respondent to retransfer the applicant to Govt.Model Girls High School, Thiruvalla._ - _v. Grant any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice._ O.P (KAT) No.76 of 2021 4 _vi. Grant the costs of this Original Application.”_ 2. The Tribunal, after hearing both sides, has rendered the impugned Annexure-A1 final order dated 06.12.2019, whereby the submission made on behalf of the official respondents that, R3 in the O.A viz., Deputy Director of Education, Thiruvalla, Pathanamthitta District, has already issued order dated 26.11.2019, whereby it was found that the conduct of the Headmaster and the teachers in calling out the applicant from the classroom and admonishing him while confining him in the computer room was not proper and that appropriate action will be initiated against respondents 5, 6 and that as against the Head Master concerned. The appropriate authority to initiate proceeding, is the Director of General Education and that the factual aspects to be placed before the said Director for appropriate action against the said incumbent. On this aspect, the Tribunal has ordered in para 5 of Annexure-A1 final order that the official respondents will ensure that follow up action is taken pursuant to the order dated 26.11.2019 and that, R2 in the O.A (Director of Public Instructions), will initiate appropriate action on receipt of the report from R3 in the O.A (Deputy Director of Education). 3. The second plea of the applicant was regarding getting a position back to the Govt.Model Girls High School at Thiruvalla. On this, the official respondents have strongly opposed the same and urged that, complaints were O.P (KAT) No.76 of 2021 5 received regarding the alleged misbehaviour of the original applicant to certain girl students of the said school and that therefore, it was highly necessary to transfer from that school and it is on this basis, that he has been transferred to a Government School at Kaviyoor, which is the native village of the original applicant. As regards the said plea, the Tribunal has not interfered in the matter. 4. Now, the original applicant has filed the present original petition under Articles 226 & 227 of the Constitution of India with the following prayers [ _see page Nos.13 & 14 of the paper book of the O.P_ ] : - _“i. Call for the records leading to Exhibit P 1 and set aside Exhibit P1 order of the Kerala Administrative Tribunal, Principle Bench, Thiruvananthapuram and allow the original application, granting the relief sought for in the above OA._ - _ii. To direct the 2[nd] and 3[rd] respondent to initiate and finalize the appropriate disciplinary action against the respondent No.4 to 8 as directed by the learned Tribunal in Annex A1 order within the time frame to be fixed by this Hon'ble Court._ - _iii. To direct 3[rd] respondent to stay the promotion of 5[th] respondent till the finalization of the disciplinary proceedings._ - _iv. To direct 3[rd] respondent that the retirement benefits to be paid to 4[th] and 6[th] respondent upon their retirement by superannuation to be kept in abeyance until the finalization of the disciplinary proceedings as against them._ - _v. Issue such other order or direction which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case.”_ O.P (KAT) No.76 of 2021 6 5. Heard Sri.H.Praveen (Kottarakara), learned counsel appearing for the petitioner in the O.P / original applicant in the O.A and Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for the official respondents 1 to 3 in the O.P. In the nature of the orders proposed to be passed by this Court in this O.P, notices to contesting respondents 4 to 8, will stand dispensed with. 6. Now, the main complaint raised by the learned counsel for the petitioner/original applicant, is that no effective action has been taken by the official respondents as against the contesting respondents inspite of their submissions before the Tribunal and inspite of the directions issued by the Tribunal. It is brought to this Court's notice that, now Ext.P19 notice dated 16.09.2021 has been issued on behalf the 2[nd] respondent-Director General of Education / Director of Public Instructions, ordering that contesting respondents 4 to 8 shall attend a personal hearing in the matter on 05.10.2021, for finalizing action in that regard. 7. Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader would submit on the basis of instructions of official respondents 1 to 3 that, after the final hearing held in pursuance of Ext.P19 memo dated 16.09.2021, O.P (KAT) No.76 of 2021 7 necessary action would be finalized in respect of the matter against the contesting respondents, in accordance with law, without much delay and within a reasonable time limit. The said submissions on behalf of official respondents 1 to 3 are recorded. 8. As regards the second plea of the original applicant, Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader would submit that this Court may not direct the official respondents to transfer and post the applicant back to the Govt.Model Girls High School at Thiruvalla, inasmuch as, complaints were received against the alleged misbehavior of the original applicant _vis-a-vis_ certain girl students and further that, now there is no established vacancy in the said school to retain an additional incumbent like the original applicant. Further, it is pointed out by the learned Senior Government Pleader, that the petitioner/original applicant has been transferred to the Government School at Kaviyoor and that the native village of the original applicant is also at Kaviyoor and that since he is visually disabled person, the said posting of the applicant to a school in his own native village, will only be of more benefit to him and that it is not known, as to why the original applicant is insisting that he should be transferred back to the school at Thiruvalla, where there were allegations against him. O.P (KAT) No.76 of 2021 8 9. After hearing both sides, we are not in a position to accede to the abovesaid plea of the petitioner/original applicant for transferring him back to the Govt.Model Girls High School at Thiruvalla and the abovesaid submissions of the learned Senior Government Pleader to justify the transfer to the school at Kaviyoor, appears to be quite reasonable and fair, in the circumstances. Hence, no interference is called for in the considered verdict of the Tribunal. No other orders and directions are called for. With these observations and directions, the above Original Petition, will stand disposed of. **Sd/-** ## **ALEXANDER THOMAS, JUDGE** **Sd/-** **A.BADHARUDEEN, JUDGE** vgd O.P (KAT) No.76 of 2021 9 ## **APPENDIX OF OP(KAT) 76/2021** **PETITIONER'S ANNEXURES** **ANNEXURE A1 TRUE COPY OF THE JUDGMENT PASSED BY THE LEARNED TRIBUNAL IN OA NO.2070 OF 2019 DATED 06.12.2019.** **ANNEXURE A2 TRUE COPY OF THE CONTEMPT PETITION FILED BY THE APPLICANT AS CONTEMPT PETITION (CIVIL) NO.41/2020 BEFORE THE TRIBUNAL. ANNEXURE A3 TRUE COPY OF THE INTERIM ORDER IN OA NO. 2592/2019 DATED 20.12.2019. ANNEXURE A4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT TO 2ND RESPONDENT DATED 24.09.2020. ANNEXURE A5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT TO 3RD RESPONDENT DATED 24.09.2020. ANNEXURE A6 TRUE COPY OF THE CASE STATUS IN CC NO. 1657/2019 ON THE FILES OF JFMC, THIRUVALLA. ANNEXURE R1 TRUE COPY OF THE LETTER DATED 11.10.2018 ADDRESSED TO THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA.** **EXHIBIT P1 TRUE COPY OF THE ORDER DATED 07.01.2021 BY THE KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM IN OA NO. 2014 OF 2020.** **EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF THE ORIGINAL APPLICATION AS O.A. NO.2014 OF 2020 FILED BY THE PETITIONER BFORE THE KERALA ADMINISTRATIVE TRIBUNAL PRINICPLE BENCH, AT THIRUVANANTHAPURAM ALONG WITH** O.P (KAT) No.76 of 2021 10 ## **ITS ANNEXURES.** **EXHIBIT P3 TRUE COPY OF STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE ISSUED BY DISTRICT MEDICAL OFFICER, PATHANAMTHITTA.** **EXHIBIT P4 TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT DATED 28.06.2018.** **EXHIBIT P5 TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE PETITIONER AND BINDU PRATEESH AND SAJINI BIJU DATED 05.10.2018.** **EXHIBIT P6 TRUE COPY OF THE TRANSFER ISSUED BY THE 3RD RESPONDENT AS ORDER NO.A3/2477/18 DATED 07.11.2018.** **EXHIBIT P7 TRUE COPY OF THE DIRECTION ISSUED BY SOCIAL JUSTICE OFFICER PATHANAMTHITTA TO 3RD RESPONDENT DATED 08.03.2019 BASED ON HIS ENQUIRY REPORT.** **EXHIBIT P8 TRUE COPY OF THE DIRECTION ISSUED BY SOCIAL JUSTICE OFFICER, PATHANAMTHITTA TO COMMISSIONERATE FOR PERSONS WITH DISABILITIES DATED 26.02.2019** **EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA AS CMP NO. 4583/2019.** **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 15.10.2019.** **EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE 1ST RESPONDENT DATED 15.10.2019. EXHIBIT P12 TRUE COPY OF THE MEMORANDUM OF ORIGINAL** O.P (KAT) No.76 of 2021 11 **APPLICATION AS OA NO. 2070 OF 2019 WITHOUT IT'S ANNEXURES.** **EXHIBIT P13** **TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF 3RD RESPONDENT IN OA NO.2592 OF 2019 BEFORE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** **EXHIBIT P14** - **A TRUE COPY OF THE ORDER NO.D5/266/2021 D.G.E ISSUED BY 2ND RESPONDENT DATED 15.07.2021** **EXHIBIT P15** **TRUE COPY OF THE ORDER IN CRL.M.P.4583/2019 DATED 23/9/2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA.** - **EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE SOCIAL JUSTICE OFFICER, PATHANAMTHITTA NO.P1DSJO/106/2019 DATED 6/6/2019** **EXHIBIT P17** **TRUE COPY OF THE PROCEEDINGS INITIATED BY THE 3RD RESPONDENT NO.4/6770/2019 DATED 13/10/2020** **EXHIBIT P18** **TRUE COPY OF THE PROCEEDINGS INITIATED BY THE 3RD RESPONDENT NO.4/6770/2019 DATED 16/10/2020** **EXHIBIT P19** **TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT NO.VB 4/213269/2020/D.G.E DATED 16.9.2021**