IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 18519 of 2009(H) -------------------------------------- PETITIONER(S): -------------------- JOLLY A.D., D/O.DEVASIA, AGED 41 YEARS HIGH SCHOOL DRAWING TEACHER, GHSS PALLIKUNNU POST PALLIKUNNU. BY ADV. MR.B.KRISHNAN RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION)KANNUR 2. STATE OF KERALA WITH ADDRESS FOR SERVICE SECRETARY TO GOVERNMENT (EDUCATION) OFFICE OF THE SECRETARY TO GOVERNMENT (EDUCAION) THIRUVANANTHAPURAM. 3. SREEDHARAN, HIGH SCHOOL DRAWING TEAHCER GOVERNMENT HIGHER SECONDARY SCHOOL KAVUMBHAGAM, THALASSERY, POST KAVUMBHAGAM, KANNUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT.SREELATHA R3 BY ADV. MR.P.M.PAREETH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18519/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ONLINE TRANSFER AND POSTINGS FOR GOVERNMENT SCHOOL TEACHERS 2009-2010 DECLINING TRANSFER. P2:- COPY OF THE ONLINE TRANSFER AND POSTINGS FOR GOVERNMENT SCHOOL TEACHERS 2009-2010 ACCEPTING PRIORITY DUE TO INTER CASTE MARRIAGE OF PETITIONER'S HUSBAND TRANSFERRING HIM TO PALAYAD GHSS. P3:- COPY OF THE CERTIFICATE OF PETITIONER'S MARRIAGE WITH MADHUSUDHANAN. P4:- COPY OF THE PETITIONER'S INTER CASTE MARRIAGE CERTIFICATE. P5:- COPY OF THE WRIT PETITIONER'S HUSBAND'S TRANSFER FROM GHSS PALLIKUNNU TO A.K.G. MEMORIAL HIGHER SECONDARY SCHOOL, PINARAYI. P6:- COPY OF THE REPRESENTATION TO THE IST RESPONDENT COMPLAINING OF DENIAL TO PETITIONER A TRANSFER TO GGHSS THALASSERY CLAIMING BENEFITS DUE TO INTER CASTE MARRIAGE WHEN PETITIONER'S HUSBAND WAS TRANSFERRED TO A.K.G. MEMORIAL HIGHER SECONDARY SCHOOL, PINARAYI. P7:- COPY OF THE WRIT PETITIONER'S HUSBAND EARLIER TRANSFERRED FROM TAGORE VIDYA NIKETAN GOVERNMENT H.S. TALIPARAMBA TO GOVERNMENT HS PALLIKUNNU BY PROCEEDINGS DTD. 17.6.05 EXTENDING BENEFITS OF PRIORITY DUE TO INTER CASTE MARRIAGE. P8:- COPY OF THE REPRESENTATION TO CONSIDER HER REUEST FOR TRANSFER TO THIRUVANGAD GIRLS HIGHER SECONDARY SCHOOL THALASSERY SUB DISTRICT AND COMPLAINING OF DENIAL TO HER THE BENEFITS DUE TO INTER CASTE MARRIAGE. P9:- COPY OF THE PROCEEDINGS RELATING TO TRANSFER AND POSTINGS OF GOVERNMENT SCHOOL TEACHERS 2009-2010. P10:- COPY OF THE EXTACT SHOWING RECOMMENDATION OF THE APPLICATION WITHOUT PRIORITY DUE TO INTER CASTE MARRIAGE. P11:- COPY OF THE GOVERNMENT ORDER G.O. (P) NO/06/07/P&ARD OF THE PERSONNEL AND ADMINISTRATIVE REFORMS (AR-13) DEPARTMENT DTD. 4 DECEMBER 2007 EXTENDING BENEFITS TO INTER CASTE MARRIAGE FOR TRANSFER ENABLING THE SPOUSES TO BE POSTED IN THE SAME STATION. R1(a):- COPY OF THE CIRCULAR NO.D5-11481/05/DPI DTD. 6.5.09. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18519 OF 2009 --------------------------------------- Dated this the 7th day of October, 2009. J U D G M E N T The petitioner is seeking the benefit of Exhibit P11 Government Order providing guidelines for all inter-caste married couple for transfer to their choice station. The circumstances under which the petitioner has filed this writ petition are the following: 2. The petitioner is a Drawing Teacher in the Government Higher Secondary School, Pallikunnu in Kannur District. The petitioner applied for a transfer to Thiruvangad Girls Higher Secondary School in Thalasseri South Sub District. The husband of the petitioner is also a Drawing Teacher and he was transferred to Palayad Government Higher Secondary School in terms of his application. 3. By Exhibit P1, the competent authority communicated the online transfer and postings for Government School Teachers 2009-2010 wherein against the name of the petitioner, it is W.P.(C) No.18519/2009 2 mentioned as “without priority”. The 3rd respondent was alloted to the vacancy which arose in the school in question. Exhibit P2 shows that the petitioner's husband was given transfer on the basis of priority. Exhibit P3 is the copy of the marriage certificate. 4. The petitioner was transferred from KPRGSGHSS, Kallisseri to Government Higher Secondary School, Pallikunnu as per proceedings dated 19.05.2008. Her husband was transferred from GHSS, Pallikunnu to A.K.G Memorial Higher Secondary School, Pinarayi by the very same proceedings. Exhibit P6 is the representation submitted by the petitioner before the 1st respondent complaining about the denial of transfer. It is in these circumstances, the petitioner has approached this Court seeking to quash Exhibits P1 and P9 and for a direction to give her a transfer to Thiruvangad Girls Higher Secondary School against her application. 5. In the counter affidavit filed on behalf of the 1st respondent, it is admitted that the marriage of the petitioner is an inter-caste one. It is further pointed out that the petitioner W.P.(C) No.18519/2009 3 could not be given priority since her husband was given the benefit. The petitioner's request was not considered under priority since it exceeds the applicable list of 25% of total vacancy in terms of the provisions of the Circular No.D5/11481/09/DPI dated 25.07.2009. Exhibit R1(a) Circular is produced in support of the plea that claim of various categories will be considered in accordance with the priority position provided in clause (4) therein. It is pointed out that the Director of Public Instruction had instructed that filling up of vacancies by the persons from the categories mentioned in Exhibit R1(a) should not exceed 25% of the total vacancy of posts available. During 2009-2010, four vacancies were made in the category of Drawing Teachers and the benefit of priority basis could be given only for one vacancy out of the four, being 25%. The remaining three posts were also filled up by three teachers according to strict seniority. It is therefore, submitted that the petitioner cannot complain about the denial of transfer. 6. Learned counsel for the petitioner submitted that going by the terms of Exhibit P11, the petitioner is entitled for transfer W.P.(C) No.18519/2009 4 on priority basis. A reading of clause (ii) of Exhibit P11 shows that the persons who are entitled for the benefit privileges to inter-caste married employees are entitled for accommodation at the same station or nearby station if necessary. Therefore, it is submitted that clause (ii) in Exhibit P11 should get primacy and if that be so, the provisions of Exhibit R1(a) Circular which is issued by the Director of Public Instruction cannot govern the matter. It is also pointed out that if the claim for priority is considered in accordance with the total number of vacancies available in each category, it will be impossible to get a transfer which will defeat the purpose of Exhibit P11 also since there may not be sufficient vacancies to accommodate the claimants each year in the post of Drawing Teacher every year. Therefore, the petitioner will be disentitled to get the benefit that is allowed as per Exhibit P11. 7. Learned Government Pleader submitted that the guidelines in Exhibit R1(a) have been adopted to avoid any arbitrariness in the matter of grant of transfer while considering the claim on the basis of priority. Whether Exhibit P11 should get W.P.(C) No.18519/2009 5 a primacy is a matter for consideration by the Government itself since Exhibit R1(a) is adopted by the Director of Public Instruction obviously for the purpose of implementing the provisions contained in Exhibit P11 also. If the petitioner files an appropriate representation before the Government within a period of two weeks from the date of receipt of a copy of this judgment, the same will be considered by the Government and appropriate orders will be passed, after hearing the petitioner and 3rd respondent, within a further period of three months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp