IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 33591 of 2006(Y) -------------------------- PETITIONER: ------------ G.JAMES INSULY OLIVER, AGED 49 YEARS, S/O.JNANASIKHAMONY, KOOTTUMANGALAM NORTH, MONDAIKAD P.O., (HIGH SCHOOL ASSISTANT, PHY. SCIENCE TAMIL MEDIUM), GOVERNMENT HIGH SCHOOL, KOOVAKKAD, KOLLAM. BY ADV. SRI.T.A.UNNIKRISHNAN SMT.RESHMI POULOSE RESPONDENTS: -------------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM. 3. JOHN JUSTIN RAJ, HIGH SCHOOL ASSISTANT, GOVERNMENT MODEL HIGHER SECONDARY SCHOOL, THYCAUD, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. T.T. MAHAMOOD SRI.LAL GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33591 of 2006 APPENDIX EXT.P1: COPY OF THE REQUEST DTD 20.7.2006 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT. 3RD RESPONENT'S EXHIBITS EXT.R3(a): COPY OF THE NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY. EXT.R3(b): COPY OF THE CERTIFICATE ISSUED BY THE CIRCLE INSPECTOR POLICE, DEVIKULAM, REGARDING THE COMPLETION OF POST MORTEM AND OTHER FORMALITIES. EXT.R3(c): COPY OF THE DEATH CERTIFICATE ISSUED FROM THE OFFICE OF THE MUNNAR GRAMA PANCHAYATH. EXT.R3(d): COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.33591 OF 2006 ---------------------------------------- Dated this the 8th day of April, 2008 JUDGMENT The petitioner is a High School Assistant in Government Schools, who entered service on 27.9.1984. His first appointment was in Idukki District. He worked in Idukki District till 6.2.1996. Thereafter, he was transferred to Kollam District with effect from 7.2.1996. According to the petitioner, he had twelve years service in Idukki District before coming to Kollam District and Idukki District being a hilly area, for the purpose of inter-district transfer, the said service would be considered as eighteen years. Therefore, according to the petitioner, he has twenty eight years of service in Idukki and Kollam Districts put together and based on that total service he is rank No.1 in the seniority list of HSAs seeking inter-district transfer to Thiruvananthapuram District. A vacancy arose in 2006 in Thiruvananthapuram District, which is the petitioner's home district and the petitioner staked his claim for that vacancy. However, overlooking the petitioner's claim the 3rd respondent W.P.(c)No.33591/06 2 was accommodated in that vacancy. The petitioner originally challenged the transfer of the 3rd respondent in that vacancy overlooking the petitioner's seniority. However, the petitioner is now gracious enough to concede that the 3rd respondent need not be disturbed in view of the extreme compassionate grounds available to him, in view of certain circumstances, which is known to the petitioner also. However, he submits that a vacancy would arise in Government High School, Balaramapuram on 30.5.2008 and the 2nd respondent may be directed to give the petitioner transfer to that vacancy. 2. A counter affidavit has been filed by the 1st respondent stating that for the purpose of inter-district transfer, the service rendered by an employee in a particular district alone will be reckoned for seniority in that District and therefore, the 3rd respondent was rightly transferred ahead of the petitioner to Thiruvananthapuram District. The 1st respondent would contend that the petitioner's case would be considered as and when vacancies next arise in Thiruvananthapuram District that too in accordance with his seniority computed as above. W.P.(c)No.33591/06 3 3. In answer to the same, the petitioner relies on G.O. (P) No.12/04/P & ARD dated 10.9.2004 issued by the Government in respect of the minimum tenure policy for Government employees which relates to inter-district transfer. He relies on Clause 8 of that Government Order, which allows computation of service in more than one district as a whole for transfer to home district. 4. I have considered the rival contentions in detail. Clause 8 of the said Government Order reads thus: “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). Government Pleader could not refute the contention of the petitioner that in view of the said provision petitioner's seniority for the purpose of inter-district transfer has to be reckoned taking into account the service put in by him in Idukki district also. That being so, for the purpose of reckoning the seniority of the petitioner, his entire service in Idukki and Kollam Districts have to be considered. If computing the service of the petitioner so, if he is the next W.P.(c)No.33591/06 4 man in line in Kollam District eligible for transfer to Thiruvananthapuram District, the petitioner is entitled to be transferred to the said vacancy, which is stated to be arising on 30.5.2008 in Government High School, Balaramapuram. Without considering the petitioner's claim and passing orders thereon, the said vacancy shall not be filled up. If he is so eligible he shall be given transfer to that vacancy. Orders in this regard shall be issued so that the petitioner, if eligible, can take charge at Government High School, Balaramapuram during the next academic year in the vacancy at Government High School, Balaramapuram. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.33591/06 5