IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 35237 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------ RAMLATH.T., FULL TIME JUNIOR HINDI TEACHER, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MOGRAL, MOGRAL.P.O., KUMBALA (VIA), KASARAGOD DISTRICT. PIN-671 321. BY ADV. SRI.K.P.HARISH RESPONDENT(S): ---------------------------- 1. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MOGRAL, MOGRAL.P.O., KUMBALA (VIA), KASARAGOD DISTRICT. PIN-671 321. 2. THE DEPUTY DIRECTOR OF EDUCATION, DD OFFICE, VIDYANAGAR, KASARAGOD. PIN-671 001. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. PIN-695 001. 4. K.V.CHITRA, (SURPLUS), JUNIOR HINDI TEACHER, GVHSS, TRIKARIPUR. PIN-671 310. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA R4 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010 ALONG WITH WPC.NO.35504OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35237/2010 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEDICAL RECORDS AJ HOSPITAL. P1(A): COPY OF THE MEDICAL RECORDS AMRITA INSTITUTE. P1(B): COPY OF THE MEDICAL RECORDS PARIYARAM MEDICAL COLLEGE. P2: COPY OF THE RANK LIST FOR SENIORITY LIST PUBLISHED IN THE WEB SITE. P3: COPY OF THE ORDER NO.A30/3405/05 DTD. 11/11/2010 OF THE 2ND RESPONDENT. P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH THE 1ST RESPONDENT (PROPER CHANNEL). P5: COPY OF THE COVERING LETTER OF THE EXT.P4 APPLICATION. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE CIRCULAR DTD. 25/07/2009 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. R4(B): COPY OF THE REPRESENTATION DTD. 18/10/2010 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. R4(C): COPY OF THE G.O.(RT) NO.2672/87/G.EDN. DTD. 10/09/1987. /TRUE COPY/ P.A.TO JUDGE Kss K.T.SANKARAN, J. ----------------------------------- W.P.(C).Nos.35237 & 35504 OF 2010 ----------------------------------- Dated this the 13 th day of December, 2010 JUDGMENT The petitioner in WP(C) No.35237 of 2010, Ramlath T, while working at GVHSS, Mogral, was transferred to GFHSS, Padannakadappuram, as per the transfer order dated 11.11.2010. The transfer was granted on the basis of application submitted by Ramlath, online, as per the instructions in the Circular issued by the Director of Public Instruction. The prayer in the Writ Petition is to direct the Principal, GVHSS, Mogral to relieve the petitioner from that school and directing respondents 1 to 3 to implement the order of transfer, which is marked as Ext.P3 in the Writ Petition. 2. The petitioner in WP(C)No.35504 of 2010, namely, K.V.Chithra, is working as Junior Hindi Teacher (Full Time) in GVHSS Thrikaripur. As per W.P.(C).Nos.35237 & 35504 OF 2010 2 the order of transfer dated 11.11.2010 issued by the Deputy Director of Education, Kasaragod, Chithra was transferred to GVHSS, Mogral. The case of Chithra is that she was appointed in a school in Kozhikode District and by inter district transfer, she joined the school in Kasaragod District on 14.10.2003. Ramlath entered service only on 24.6.2005 and therefore, according to Chithra, she is junior to her. In the staff fixation order in GVHSS Thrikaripur, one post of junior Hindi Teacher (Full Time) was reduced and consequently Chithra became a surplus hand. That was the reason why as per the order dated 11.11.2010, Chithra was transferred to GVHSS, Mogral. Chithra says that she is governed by Cicular No.D(5)/11481/2009/DPI dated 25.7.2009 and she should be transferred to the school of her choice where vacancy exists. Chithra submitted Ext.P3 representation dated 18.10.2010 before the Deputy Director of Education, requesting her to transfer to GFHSS, W.P.(C).Nos.35237 & 35504 OF 2010 3 Padannakadappuram. Her grievance is that Ext.P3 representation was not considered when the order dated 11.11.2010 was passed transferring her to GVHSS Mogral. 3. It is submitted on behalf of Ramlath that she made the application for transfer, online, while, Chithra did not submit the application online. The learned counsel appearing for Chithra submitted that it was not necessary for her to submit an application for transfer, as she was found surplus only after the date fixed for making application for transfer. Immediately thereafter, she submitted Ext.P3 representation marked in WP(C) No.35504 of 2010. 4. In WP(C) No.35237 of 2010, an interim order dated 24.11.2010 was passed directing the Principal of GVHSS, Mogral to relieve Ramlath from that school forthwith. Sri.K.P.Harish, the counsel W.P.(C).Nos.35237 & 35504 OF 2010 4 appearing for Ramlath submitted that Ramlath was relieved as per the interim order and she has joined at GFHSS, Padannakadappuram. In view of the interim order, and implementation of the same, no further directions are required in WP(C) No.35237 of 2010. 5. In so far as WP(C) No.35504 of 2010 is concerned, the remedy of Chithra, the petitioner therein, is to make a representation to the Director of Public Instruction. The learned Government Pleader and the learned counsel appearing for Ramlath submitted that the Circular relied on by Chithra is not applicable and the Circular which is applicable is Circular No.B/10488/2010 dated 3.7.2010 issued by the Director of Public Instruction. The learned counsel for Chithra submitted that she is entitled to relief even as per the Circular dated 3.7.2010. That Circular itself indicates that any person who W.P.(C).Nos.35237 & 35504 OF 2010 5 is aggrieved by any matter which is not mentioned therein should approach the Director of Public Instruction. In the facts and circumstances, I am of the view that the remedy of K.V.Chithra is to approach the Director of Public Instruction by an appropriate representation. Chithra would be entitled to put forward all the contentions in that representation. On such representation being filed, the Director of Public Instruction shall dispose of the same as expeditiously as possible, in accordance with law. The petitioner in WP(C) No.35504 of 2010 shall submit a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms