IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WA.No. 2441 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.32044/2008 Dated 31/10/2008 .................... APPELLANT: PETITIONER ------------------------ TOJAN JOB, AGED 34 YEARS, HIGH SCHOOL ASSISTANT, GOVT.HIGHER SECONDARY SCHOOL, KUDAYATHOOR, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.M.R.DHANIL SRI.SOJAN JOB RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 4. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. BY GOVT. PLEADER SMT.R.BINDU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO.2441 OF 2008-E ----------------------------------------- Dated 5th March, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He is a native of Thrissur. He is working as a High School Assistant in Government Higher Secondary School, Kudayathoor. The appellant submits, he has worked for five years at Thoprankudy, which is a remote tribal area. He is desirous of getting inter-district transfer to Thrissur, which is being granted, mainly, based on the seniority of the applicants concerned. The guidelines governing transfer are contained in Ext.P3 Government order dated 10.9.2004. The appellant relies on para 17 of that order and claims preference in the matter of seniority. The said para reads as follows: “17. When there are a large number of applications for a particular station, the order of preference shall be as follows: (a) Length of continuous service in the station at the time of his/her applying for transfer under consideration will be the criterion for transfer. WA 2441/2008 2 (b) Employees who have put in longest period of service outside the particular station will be given first priority. But employees who have had more than a year's service in assignment in tribal and remote areas and those involving arduous nature of work or who have completed service in the defence service will be given preference by deeming two years of such service as equal to three years. If they are equal to such service thus arrived at, the total service will be taken into account. (c ) Terms like hill station/remote station/work of an arduous nature may be each defined by departments and orders shall be made in this connection.” Going by the above provision, persons who have worked in tribal and remote areas are entitled to count two years of their service at the said station as three years. But, it is for the department concerned to notify the stations, which are to be treated as tribal or remote areas. 2. It is common case that the Department of Education has not published any notification concerning the above matter. In the absence of any such notification, the persons working in that Department cannot claim the benefit of para 17 of Ext.P3 Government order quoted above. The appellant approached this Court, claiming preference in the matter of inter- district transfer. But, the said relief has been declined by the learned Single Judge. In the absence of any notification issued by the department concerned under para 17(c) of Ext.P3, no relief could be granted to the appellant. Therefore, the appeal is devoid of any merit. But, the learned WA 2441/2008 3 Single Judge has issued certain directions in favour of the appellant. The dismissal of this appeal will not affect the rights of the appellant under the judgment under appeal. Subject to that direction, this Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/