IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27715 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. JAYASHREE T., SENIOR LECTURER (PSTE) DISTRICT INSTITUTE OF EDUCATION & TRAINING, THIRUVALLA. 2. B.K.RAJAGOPALAN NAIR, SENIOR LECTURER (PSTE), DISTRICT INSTITUTE OF EDUCATION & TRAINING, ATTINGAL. 3. R.LAKSHMIVARAHAN, SENIOR LECTURER (IN-SERVICE PROGRAMME), DISTRICT INSTITUTE OF EDUCATION & TRAINING, ATTINGAL. 4. S.GNANADHAS, SENIOR LECTURER (DRU), DISTRICT INSTITUTE OF EDUCATION & TRAINING, ATTINGAL. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. M.RAJESH, SENIOR LECTURER, DISTRICT INSTITUTE OF EDUCATION & TRAINING, THODUPUZHA-685 584. 5. SRIKUMARI AMMA, SENIOR LECTURER, DISTRICT INSTITUTE OF EDUCATION & TRAINING, KOTTARAKKARA- 691 506. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.27715 of 2010 --------------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioners are Senior Lecturers working in District Institute of Education & Training (DIET), Thiruvalla and Attingal. They are aggrieved by Ext.P1 order of transfer. 2. The petitioners have also a case that as per the order issued by the State Election Commission dated 1.9.2010, transfer of Government employees and teachers is banned till the elections to the local bodies are over. Ext.P1 order was passed on 3.9.2010 after the letter dated 1.9.2010 was issued by the State Election Commission. The petitioners approached the State Election Commission, who issued Ext. P4 letter requesting the Government to cancel Ext.P1 Government Order until the completion of the process of general elections to the local bodies. The grievance of the petitioners is that in spite of Ext.P4 letter, the Government did not keep in abeyance Ext.P1 or withdraw the same. The petitioners are also aggrieved by Ext.P1 on another ground, namely, that the transfers are contrary to the various provisions of the guidelines issued by the Government. W.P.(C) No.27715 of 2010 2 3. The learned Government Pleader submitted that as per G.O.(Rt) No.3903/2010/Gen. Edn. dated 6.9.2010, Ext.P1 order is kept in abeyance until the general elections to the local bodies are over. This submission is recorded. Therefore, the relief prayed for by the petitioners on the ground that the transfer was issued ignoring the ban issued by the State Election Commission need not be considered now. 4. As far as the grievance of the petitioners that Ext.P1 order was issued in violation of Ext.P2 guidelines is concerned, the learned Government Pleader submitted that if the petitioners are aggrieved, they could take up the matter before the second respondent by filing appropriate representations. If the petitioners file such representation before the second respondent within a period of ten days, the same shall be considered by the second respondent and appropriate orders will be issued before the expiry of the period stipulated in G.O.(Rt.) No.3903/2010/Gen. Edn. dated 6.9.2010. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE csl