K.R. PAVITHRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the applicant in O.A. (EKM) No. 8/2014 on the file of the Kerala Administrative Tribunal. The said O.A. was filed to set aside Annexure A8 Government order dated 31/1/2014, by which the Government upheld Annexure A5 order dated 17/6/2013 of the Director of Public Instruction, the 2nd respondent herein, to the extent of transferring one Shajimon D. as the Headmaster of Government Higher Secondary School, South Ezhippuram (hereinafter referred to as 'GHSS, South Ezhippuram') in order to transfer the petitioner out of that school. The Kerala Administrative Tribunal dismissed the said Original Application, by Exhibit P7 order dated 11/2/2014, holding that the Tribunal in its jurisdiction cannot sit in appeal over the finding of the Government that the petitioner is engaging in partisan activities among the teachers, parents and students, against the interest of the school; especially when none of the legal rights of the petitioner, who is liable to be posted anywhere in the State under Rule 32 of the Kerala State and Subordinate Service Rules (hereinafter referred to as 'the KS & SSR'), is affected. The Tribunal has also taken note of the fact that, the Government in Annexure A8 order have directed the 2nd respondent to consider the request, if any, made by the petitioner for a convenient posting as Headmaster of any school other than GHSS, South Ezhippuram, or as Assistant Educational Officer. It is aggrieved by Exhibit P7 order passed by the Tribunal in O.A. (EKM) No. 8/14, the petitioner is before us in this O.P. (KAT) filed under Article 227 of the Constitution of India.

(2.) ON 3/3/2014, this Court ordered that the petitioner shall not be relieved from the post of Headmaster, GHSS, South Ezhippuram, until further orders. On the strength of the said order, the petitioner is still continuing as Headmaster of GHSS, South Ezhippuram.

(3.) THE learned counsel for the petitioner contended that, as the petitioner was ordered to be transferred from GHSS, South Ezhippuram, on extraneous considerations and absolutely without any legal basis, the Tribunal ought to have exercised its jurisdiction and interfered with the malafide actions of the respondents in that regard. To buttress the above contentions, the learned counsel relied on various documents, including Exhibit P8, certifying that the Parent Teacher Association (PTA) in GHSS, South Ezhippuram, was selected as the best PTA in Ernakulam Revenue District for the year 2013 -14. The learned counsel further pointed out that, subsequent to the order of stay granted by the Tribunal in O.A. No. 1306/2013, Sri. Shajimon D., who was ordered to be transferred and posted as Headmaster, GHSS, South Ezhippuram, in the place of the petitioner, was re -posted to Government Higher Secondary School, Kongorppilly, vide Exhibit R2 (d) order dated 27/6/2013 of the 2nd respondent. While continuing as such, he was appointed as the Assistant Educational Officer, Pattambi, vide order dated 28/10/2013 of the 2nd respondent, and the said person is no more interested in a posting as the Headmaster of GHSS, South Ezhippuram.