IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 11715 of 2008(T) -------------------------------------- PETITIONERS: --------------------- SAJILA.M., L.P.S.A, POOVATHUR NEW L.P.SCHOOL, CHERUVANCHERI, KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN, ADV. SRI.TOJAN J. VATHIKULAM. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR 3. THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY, KANNUR. 4. THE MANAGER, POOVATHUR NEW L.P.SCHOOL, KUTHUPARAMBA, KANNUR. 5. THE MANAGER, RAMAVILASAM HIGHER SECONDARY SCHOOL, HIGHER SECONDARY SCHOOL, CHOKLI, THALASSERY, KANNUR. GOVERNMENT PLEADER SRI. T.T. MOHAMMED FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11715/2008-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE APPLICATION DTD. 30/11/2007. EXT.P.2.A: COPY OF THE PROFORMA AGREEMENT AND CONSENT OF THE RESPECTIVE MANAGERS. EXT.P.3: COPY OF THE ORDER BEARING NO. B5/333/08 GEN. EDN. DTD. 01/02/2008 ISSUED BY THE R.2. EXT.P.4: COPY OF THE GOVERNMENT ORDER NO. 317/2005/G. EDN. DTD. 17/08/2005. EXT.P.5: COPY OF THE PROCEEDINGS OF THE R.2. BEARING NO. D. DIS. 6872/07/B3 DTD. 24/11/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 11715 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 26, 2008 JUDGMENT Petitioner is a UPSA working under the 4th respondent. He applied for inter-management transfer to the school of the 5th respondent, by Ext.P2. As is seen from Ext.P2(a), both the managers viz. respondents 4 and 5, have concurred for the same. However, the DEO rejected the request by Ext.P3 on the ground that there was no sanctioned post and for this purpose, the DEO has placed reliance on Ext.P4, GO(P) No.317/2005/G.Edn. dated 17.8.2005. 2. According to the learned counsel for the petitioner, though only 10 posts are sanctioned in Ext.P5 staff fixation order, the school was eligible for four more posts and that, going by the provisions contained in Rule 12 of Chapter XXIII KER, the school is entitled to have those posts also sanctioned. Counsel submits that if posts are so WP(C) 11715 of 2008 2 sanctioned, there will be posts available to grant inter- management transfer requested for by the petitioner. In the writ petition, petitioner is also challenging Ext.P4 Government Order as, according to the learned counsel for the petitioner, the said order is against the provisions contained in Rule 12 of Chapter XXIII KER. 3. Counter affidavit has been filed by the 2nd respondent. Rejection of the request by Ext.P3 is sought to be sustained relying on Ext.P4 Government Order. However, though the learned counsel for the petitioner, relying on Rules 4 and 12 of Chapter XXIII, argued regarding the invalidity of Ext.P4 Government Order, in view of Rule 14, I am not in a position to accept the same. 4. That apart, it is also noticed that going by Ext.P5 staff fixation order, there are only ten posts and all those ten posts are filled up. If that be so, the stand taken by the DEO in Ext.3 cannot be faulted. The only option available is that the petitioner will have to approach the WP(C) 11715 of 2008 3 Government and get sanction, in which event, only the DEO could reconsider Ext.P3. Learned counsel for the petitioner submits that he intends to move the Government in this behalf. 5. Therefore, in case the petitioner makes a representation in this behalf within three weeks from today, the 1st respondent shall take up, reconsider the representation and pass orders thereon, as expeditiously as possible, and at any rate, within six weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-