IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 3274 of 2011(H) -------------------------------------- PETITIONER(S): ----------------------- REKHA.V.G., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), GOVT. HIGHER SECONDARY SCHOOL, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. R1 & R2 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.3274 Of 2011 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2011 J U D G M E N T The Writ Petition is filed by the petitioner seeking various reliefs including one for a direction to accommodate the petitioner in anyone of the schools opted by her in Exhibits P3 and P4 within a time frame. The matter was pending consideration before this Court. In the interim order dated 2.2.2011, this Court directed the petitioner to furnish a fresh option. But, even after submitting the fresh option, the petitioner could not get a convenient transfer. 2. On the last occasion when the case came up for hearing, the learned counsel for the petitioner submitted that a vacancy will arise in GBHSS, Pettah on 31.3.2011 and the petitioner may be considered for a transfer in the said vacancy. 3. The learned Government Pleader on getting instructions submitted that it appears that the petitioner has availed half pay leave on medical ground upto 31.3.2011. It is pointed out that since a vacancy arises on 1.4.2011, the petitioner can be retained in the same vacancy if she represents W.P.(C)No.3274/11 -2- to rejoin duty after the expiry of her leave. The said submission is recorded and the Writ Petition is disposed of. Appropriate action will be taken in the matter as per the proposal recorded above. No costs. ( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge W.P.(C)No.3274/11 -3- T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)Nos.2607,2697,2790, 2825,2932,3061 & 3274 Of 2011 ----------------------------------------------------- DATED THIS THE 2nd DAY OF FEBRUARY, 2011 O R D E R In these Writ Petitions, the challenge is against the order passed by the Director of Higher Secondary Education with regard to transfer of Higher Secondary School Teachers. The main grievance raised is that the claim of the petitioners, who are found excess consequent on the appointment of Principals in the respective Schools, has not been considered in terms of the general transfer norms as well as Exhibit P1 circular. 2. It was also pointed out that even though the petitioners have submitted certain options, it appears that some more schools have been added to the option submitted by the petitioners which is unknown to them and therefore the all action is vitiated. 3. The respondents have filed counter affidavit in the matter. It is pointed out in the counter affidavit that Exhibit P1 circular was withdrawn by Exhibit R2(a) order dated 31.1.2011. W.P.(C)No.3274/11 -4- It is further pointed out that Exhibit R2(b) circular dated 28.1.2011 was issued stating that the persons like the petitioners who did not get the opted schools can submit further option statement within a period of five days from the date of order. 4. The learned Senior Counsel for the petitioner Shri Sugunapalan submitted that going by the order granting transfers, it can be seen that many of the juniors of the petitioners have been granted posting in the opted schools by the petitioners, while refusing the options submitted by the petitioners. It is submitted that going by Government Order dated 27.5.2009, especially paragraph 1.1., persons like the petitioners are allowed to give option in convenient stations and those will have to be considered separately. 5. The learned Government Pleader submitted that consideration of applications of persons like the petitioners will be along with the applicants for general transfer. 6. One of the issues thus raised by the learned Senior Counsel for the petitioner is that even after allowing the petitioners to submit option, many of the juniors of the petitioners have granted posting in respect of the opted schools W.P.(C)No.3274/11 -5- by the petitioners, thus denying them a convenient posting. 7. Since the time granted as per Exhibit R2(b) circular expires today(2.2.2011), as an interim measure, the petitioners are allowed to submit option on or before 07.02.2011. They can also file separate objections with regard to the complaints of convenient posting given to any of their juniors in the opted schools of the petitioners. After considering the objections submitted by the petitioners appropriate orders will be passed without further delay. 8. Post after 10 days. Interim order will stand extended till then. Hand over to both sides. T.R.RAMACHANDRAN NAIR, JUDGE. dsn