IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 3140 of 2011(N) ------------------------- PETITIONER(S): --------------- VILASINI.K.S., W/O.VIDHYADHARAN.T.P., AGED 51 YEARS, HEADMISTRESS, G.W.L.P.SCHOOL, OLAVAKKODE, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, PALAKKAD. (*)Addl.R4. DEVI K.R.,, THOTTAPAYAMANA, SRK NAGAR POST, MEETNA, OTTAPALAM (*)ADDL.R4 IMPLEADED AS PER ORDER DATED 23/02/2011 IN I.A.NO.2114/11 GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1 TO R3 SRI.N.RAGHURAJ FOR ADDL.R4 SMT.K.AMMINIKUTTY FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3140/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2011 J U D G M E N T The challenge is against Ext.P3 order by which the petitioner was transferred from G.W.L.P.S., Olavakkode to G.L.P.S., Pallatheri. The petitioner was working in G.U.P.S., Mepparamba from July 2009. From there she was transferred to G.W.L.P.S., Olavakkode as per Ext.P1 order dated 20/11/2010. It is the case of the petitioner that the above order of transfer did not satisfy the opposing union, namely, K.S.T.A and they announced a Dharna on 31/01/2011 which forced the Deputy Director of Education to issue Ext.P3 order. It is, therefore, pointed out that the order of transfer (Ext.P3) is issued on mala fide reasons. The additional fourth respondent who is impleaded later was posted to G.W.L.P.S., Olavakkode. 2. The case of the Department, as per the statement filed is that the petitioner's transfer from G.U.P.S., Mepparamba to G.W.L.P.S., Olavakkode was based on a complaint from the P.T.A Committee. After W.P.(C). No.3140/2011 -:2:- she was transferred to G.W.L.P.S., Olavakkode it was found later that some online transfer applications were pending to be considered for the school at Olavakkode. It is submitted that in the general transfer, 5 candidates opted for G.W.L.P.S., Olavakkode out of which 3 candidates were given postings in other schools as per their options. The other two candidates in the list were, namely, Smt.Devi K.R, who is the fourth respondent herein and one Smt.Omana K.M.. Out of these two candidates, the additional fourth respondent was senior and she was given posting at G.W.L.P.S., Olavakkode and she assumed charge on 31/01/2011. 3. The additional fourth respondent has filed a counter affidavit pointing out that on 25/01/2011, the date on which Ext.P3 order was issued, by Ext.R4(a) order she was given a transfer and posting to G.W.L.P.S., Olavakkode and after receiving the said order, she took charge on 31/01/2011. It is her case that she was working in G.T.W.L.P.S., Thekkady which is a Tribal L.P. School, for nearly two years, and the school is situated near to Kerala-Tamil Nadu border W.P.(C). No.3140/2011 -:3:- which is approximately 130 kms away from her residence at Ottapalam. She had given an online application for transfer in March 2010 where Ottapalam was the fifth option. A rank list was prepared accordingly wherein she is serial No.53. In Ext.R4(d), the additional fourth respondent is shown as serial No.4. But, when the transfers were effected in April 2010, her claim was not considered. 4. The learned counsel for the petitioner submitted that the assertion made by the additional fourth respondent that she took charge on 31/01/2011 is not correct. The learned counsel further submitted that the third respondent-Assistant Educational Officer is the President of the local unit of K.S.T.A who had organised the Dharna and the demands of the union was immediately obliged by the Deputy Director of Education in ordering Ext.P3. 5. It is also pointed out that the petitioner has also submitted online application for transfer on 28/02/2011 which is produced as Ext.P4 along with the reply affidavit. The learned counsel prayed that the W.P.(C). No.3140/2011 -:4:- petitioner may be allowed to continue at G.W.L.P.S., Olavakkode till general transfers 2011-2012 are effected. 6. Of course, the vehement contentions raised by the learned counsel for the petitioner is that only because of the political pressure exerted by the Union, that order Ext.P3 was issued. In Ext.P3, the reason stated for modifying the order is that some online transfer applications were not considered. In the statement filed by the Deputy Director of Education also it is explained that online transfer applications were pending including that of the additional fourth respondent. Therefore, the said aspect cannot be disputed. The learned counsel for the additional fourth respondent submitted that the Assistant Educational Officer is not made personally a party in the writ petition. I need not adjudicate the plea that it was based on the pressure exerted by K.S.T.A that Ext.P3 order was issued since the specific reason stated in Ext.P3 that online transfer applications were pending, appears to be correct. If that be so, it W.P.(C). No.3140/2011 -:5:- cannot be said that the reconsideration of the matter by the Deputy Director of Education is apparently wrong. One of the issues raised by the petitioner is that she is subjected to frequent transfer i.e. from G.U.P.S., Mepparamba to G.W.L.P.S., Olavakkode and from G.W.L.P.S., Olavakkode to G.L.P.S., Pallatheri (the present station). It is explained by the learned Government Pleader and the learned counsel for the fourth respondent that the new school is not far away from the residential place of the petitioner and no other inconvenience is caused to the petitioner. 7. In that view of the matter, I do not find any ground to interfere with Ext.P3. The petitioner's option for transfer 2011-2012 will be considered in terms of the opted stations in Ext.P4 at the time of issuance of general transfer 2011-12. The writ petition is dismissed subject to the above directions. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE