IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 35411 of 2010(B) -------------------------- PETITIONER(S): --------------- GIRIJA KUMARAN PILLAI, AGED 52 YEARS, S/O. SOMAN PILLAI, SENIOR LECUTURER, DISTRICT INSITUTE OF EDUCATION & TRAINGING (DIET), PALAKKAD. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA,R EPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION ( CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.35411 OF 2010 ------------------------------ Dated this the 7 th day of December, 2010 JUDGMENT The petitioner was working as Lecturer in DIET at Kannur, Kollam and Attingal. He was promoted as Senior Lecturer and posted at DIET, Palakkad on 7.8.2006. The petitioner has completed 3 years of service at DIET Palakkad. The petitioner is a native of Mukhathala in Kollam District. He made a request for transfer to DIET at Kollam or Alappuzha or at Thiruvananthapuram. The Government issued GO(Rt) No.3876/2010/G.Edn. dated 3.9.2010 (Ext.P1) for transfer and postings of Senior Lecturers of DIET. As per Ext.P1, the petitioner was transferred to DIET, Alappuzha. In compliance with Ext.P1 order, the petitioner was relieved from Palakkad on 4.9.2010. He joined at DIET, Alappuzha at Chengannur on 6.9.2010. Later, the Government cancelled Ext.P1 order. Several Writ Petitions were filed challenging Ext.P1 order on the ground W.P.(C).No.35411 OF 2010 2 that the order was issued after the issuance of Notification for election to the Local Bodies. In that circumstance, Ext.P1 order was cancelled by the Government. It is submitted by the learned Government Pleader that another reason for cancelling Ext.P1 order was that the guidelines issued in 2010 were not fully complied with while issuing Ext.P1 order. It is submitted by the learned Government Pleader that the guidelines issued earlier were taken note of while issuing Ext.P1 order of transfer. 2. The Government issued GO(Rt) No.5220/2010/G.Edn. dated 22.11.2010 (Ext.P8), by which Ext.P1 order was cancelld and promotions and appointments of DIET of Senior Lecturers were made as per the Order dated 22.11.2010. The petitioner does not come under that category. The petitioner is already a Senior Lecturer. In Ext.P8 it is stated that the postings of Senior Lecturers will be subject to revision during the next general W.P.(C).No.35411 OF 2010 3 transfer of Senior Lecturers as per the norms in GO (MS) No.101/2010/G.Edn. dtd.24.6.2010. It is submitted that the petitioner comes under that category. Therefore, the learned Government Pleader submitted that the question of transfer of the petitioner and persons similarly situated would be considered at the time of next general transfer strictly in accordance with GO(MS) No.101/2010/G.Edn. Dated 24.6.2010. 3. The petitioner had submitted Ext.P10 representation dated 23.11.2010 to the Government requesting for permitting the petitioner to work at DIET Alappuzha, on the basis of Ext.P1 order of transfer. In Ext.P10 representation, it is stated that the petitioner made a request for transfer on compassionate ground on completion of three years at DIET, Palakkad. It is stated in Ext.P10 that the petitioner underwent a heart surgery at Sree Chithira Thirunal Institute for Medical Science, Thiruvananthapuram in April, 2009. The petitioner W.P.(C).No.35411 OF 2010 4 expressed his difficulties to continue in the present station as his family members are residing at Kollam. The learned counsel for the petitioner submitted that Ext.P10 may be directed to be considered at the earliest to enable the petitioner to get the relief in accordance with law. The learned Government Pleader submitted that the authority before whom a representation like Ext.P10 should be submitted by the petitioner is the Director of Public Instruction. It is stated that the petitioner would be free to make a representation before the Director of Public Instruction, who will certainly consider such representation in accordance with the guidelines for compassionate transfer. 4. In the light of the facts and circumstances mentioned above, and also in the light of the submissions made by the learned Government Pleader, this Writ Petition is closed granting liberty to the petitioner to make a representation to the W.P.(C).No.35411 OF 2010 5 Director of Public Instruction. The Director of Public Instruction shall consider such representation and submit the necessary report to the Government. The Government will consider and pass orders on the representation in terms of G.O.(MS)No.101/2010/G.Edn. dated 24.6.2010, as expeditiously as possible, and at any rate within two months . The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms