IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17012 of 2008(A) -------------------------- PETITIONER: ------------ K.O. VARGHESE, HSA (PHYSICAL SCIENCE) GHSS PULLANGODE, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE HEAD MASTER, GHSS, PULLANGODE, MALAPPURAM DISTRICT. 4. STATE OF KERALA-REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. R1, R2 & R4 BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION FOR INTER-DISTRICT TRANSFER DATED 6.2.2008 EXT.P2 TRUE COPY OF GO(MS)NO.154/71/PD DATED 27/5/1971 EXT.P3 A TRUE COPY OF THE GO(P) 12/04/P&ARD DATED 10.9.2004 EXT.P4 TRUE COPY OF THE JUDGMENT IN WP.22605/2005 EXT.P5 A TRUE COPY OF THE ORDER NO.A1/15846/2005 DATED 30.9.2005 //TRUE COPY// K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.17012 of 2008 A -------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T When the Writ Petition came up for admission, the learned Government Pleader took notice for respondents 1, 2 and 4. It is not necessary to issue notice to the third respondent. Since the facts are not in dispute, the learned counsel appearing for the petitioner and the learned Government Pleader submitted that the Writ Petition itself can be disposed of. 2. The petitioner is working as High School Assistant (HSA) (Physical Science) in G.H.S.S., Pullangode in Malappuram District under the administrative control of the first respondent, the Deputy Director of Education, Malappuram. It is stated that the petitioner has entered the service as P.D.Teacher on 8.6.1993 and that he was promoted as HSA(Physical Science) as per order dated 29.12.2004. It is also stated that the petitioner has a total service of 14 years, 9 months and 23 days in Malappuram District as on 31.3.2008. The petitioner submitted Ext.P1 application dated 6.2.2008 for inter- district transfer. Ext.P1 was submitted to the first respondent through the third respondent. The third respondent, the Headmaster, G.H.S.S., Pullangode, forwarded Ext.P1 application to the first respondent. It is stated that the first respondent has not forwarded the application to the second respondent as WP(C) No.17012/2008 2 required under law. The petitioner states that the first respondent takes the view that the petitioner has not put in five years of continuous service in the cadre of HSA and, therefore, he is not entitled to get inter-district transfer. 3. The petitioner relies on Ext.P3 Government Order, G.O.(P) No.12/04/P&ARD dated 10.9.2004, providing the general guidelines for transfer and also Ext.P4 judgment dated 16.8.2005 passed by this Court in W.P. (C) No.22605/2005. In Ext.P4 judgment, this Court took the view that the circular issued by the Director of Public Instruction, Thiruvananthapuram cannot override G.O.(P) No.12/04/P&ARD dated 10.9.2004. Clause 7 of Ext.P3 Government Order dated 10.9.2004 provides that service in all the cadres in the same district shall be considered for transfer to own district or opted district. Clause 8 thereof provides that service in more than one district shall be considered as a whole for transfer to home district or opted district. Clause 8 also provides that service in different cadres also has to be considered as a whole. In Ext.P4 judgment, this Court took the view that Clause 8 in G.O.(P) No.12/04/P&ARD dated 10.9.2004 shall govern the case in spite of the circular dated 18.4.2005 issued by the Director of Public Instruction, Thiruvananthapuram. 4. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.17012/2008 3 “i) to issue a writ of writ of mandamus directing the respondents to grant inter-district transfer to the petitioner from Malappuram District to Kozhikode District, forthwith considering Exhibit P1 application. ii) to declare that the petitioner is eligible to get inter district transfer from Malappuram District to Kozhikode District in the light of Exhibit P3 Government order and that the respondents are liable to honour the same. Iii) to command the 1st respondent to forward the Exhibit P1 application submitted by the petitioner to the 2nd respondent, forthwith. iv) to command the 2nd respondent to consider and pass orders on Exhibit P1, granting inter district transfer to the petitioner to Kozhikode District, in the quota ear-marked for inter district transfer in the academic year 2008-2009 itself. v) to issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.” WP(C) No.17012/2008 4 5. In the facts and circumstances of the case and in the light of Ext.P4 judgment dated 16.8.2005, it is necessary to issue a direction to the first respondent to forward Ext.P1 application dated 6.2.2008 to the second respondent as expeditiously as possible and at any rate within a period of one week from the date of receipt of a copy of this judgment. The second respondent shall consider and pass orders on Ext.P1 application within a period of ten days of receipt of that application as forwarded by the first respondent. The petitioner shall produce certified copy of the judgment before respondents 1 and 2 separately. The petitioner shall also make available a copy of the Writ Petition for their perusal. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks