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. 6254 of 2008(T) ------------------------- PETITIONER: ------------ MINIMOLE P.B., H.S.A. (ENGLISH), G.V.H.S.S NANDIKKARA, THRISSUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. BY G.P. SMT.T.B.REMANY 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 A TRUE COPY OF THE ORDER DATED 6.1.2003 ISSUED BY THE FIRST RESPONDENT EXT.P2 A TRUE COPY OF THE ORDER NO.A1/23777/2006 DATED 24.11.2006 EXT.P3 A TRUE COPY OF THE APPLICATION FOR INTER-DISTRICT TRANSFER DATED 15.2.2008 EXT.P4 A TRUE COPY OF THE G.O.(MS) NO.154/71/PD DATED 27.5.1971 EXT.P5 TRUE COPY OF THE G.O.(P) 12/04/P&ARD DATED 10.9.2004 EXT.P6 A TRUE COPY OF THE JUDGMENT IN WP 22605/2005 EXT.P7 A TRUE COPY OF THE ORDER NO.A1/15846/2005 DATED 30.9.2005 EXT.P8 A TRUE COPY OF THE GO(MS) NO.144/2005/GE DATED 7.5.2005 //TRUE COPY// K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.6254 of 2008 T -------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T The petitioner is working as High School Assistant (HSA) (English) in G.V.H.S.S., Nandikkara in Thrissur District under the administrative control of the Deputy Director of Education, Thrissur. It is stated that the petitioner entered the service as P.D. Teacher in the Govt. L.P.School, Peringalukuthu as per order dated 6.1.2003 and that she was promoted and appointed as HSA (English) as per order dated 24.11.2006 issued by the first respondent. The petitioner states that when the first respondent called for applications for general transfer including inter-district transfer, the petitioner submitted Ext.P3 application dated 15.2.2008 praying for inter-district transfer. Ext.P3 application was submitted through proper channel. It is stated that though the Headmaster forwarded the application to the first respondent, the latter has declined to forward Ext.P3 application to the Deputy Director of Education, Thiruvananthapuram. It is further stated that the first respondent takes a view that five years' service is necessary in the same cadre of HSA to enable the petitioner to get inter-district transfer. 2 2. According to the petitioner, as per the guidelines for transfer contained in Ext.P5 Government Order, G.O.(P) No.12/04/P&ARD dated 10.9.2004, she is entitled to get inter-district transfer. Clauses 7 and 8 of Ext.P5 Government Order read as follows:- “7. Service in all the cadres in the same district shall be considered for transfer to own district or opted district. 8. Service in more than one district shall be considered as a whole for transfer to home district/opted district (Service in different cadres also has to be considered as a whole)” 3. It is stated that in a similar case, this Court passed passed Ext.P6 judgment dated 16.8.2005 in W.P.(C) No.22605/2005. In Ext.P6 judgment this Court held 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. 4. The reliefs prayed for in the Writ Petition are the following:- 3 “i) to issue a writ of writ of mandamus directing the respondents to grant inter-district transfer to the petitioner from Thrissur District to Thiruvananthapuram District, forthwith considering Exhibit P3 application. ii) to declare that the petitioner is eligible to get inter district transfer from Thrissur District to Thiruvananthapuram District in the light of Exhibit P5 and P8 Government orders and that the respondents are liable to honour the same. Iii) to command the 1st respondent to forward the Exhibit P3 application submitted by the petitioner to the 2nd respondent forthwith. iv) to command the 2nd respondent to consider and pass orders on Exhibit P3, granting inter district transfer to the petitioner to Thiruvananthapuram District, in the quota ear-marked for inter district transfer in the academic year 2008-2009 itself. 4 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.” 5. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. 6. In the light of Ext.P6 judgment dated 16.8.2005 passed in a similar case, it is necessary to issue directions to the first respondent to forward to the second respondent Ext.P3 application submitted by the petitioner for inter-district transfer 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.P3 application within a period of ten days of receipt of the same from the first respondent. The petitioner shall produce a 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