IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 12485 of 2009(E) ----------------------------------- PETITIONER(S): ----------------------- ANITHA.K.P, H.S.A (ENGLISH), G.V.H.S.S, DEVIYAR COLONY, VALARA.P.O, IDUKKI DISTRICT. BY ADV. MR.M.SASINDRAN RESPONDENT(S): ---------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER FOR R1 BY MR.ALEXANDER THOMAS , SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12485/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER ISSUED BY THE DEPUTY DIRECTOR OF EDCUATION, IDUKKI. P1(a):- COPY OF THE ORDER OF PROMOTION DT. 28.1.04. P2:- COPY OF THE ABOVE APPLICATION DT. 15.2.08. P3:- COPY OF THE GO DT. 10.9.04. P4:- COPY OF THE JUDGMENT IN WPC. 22605/05. P5:- COPY OF THE JUDGMENT DT. 12.11.08 IN WPC. NO.31512/08. P6:- COPY OF THE G.O. DT. 7.5.05. P7:- COPY OF THE JUDGMENT DT. 16.2.09 IN WPC. 5030/09. P8:- COPY OF THE ORDER DT. 30.3.09 ISSUED BY THE IST RESPONDENT. P9:- COPY OF THE G.O. DT. 16.12.05. TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.12485/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of June, 2009 J U D G M E N T The petitioner herein is working as H.S.A (English) in the G.V.H.S.S. Deviyar Colony, Idukki District. The grievance raised in the writ petition is against denial of inter district transfer to the petitioner to Ernakulam District. 2. Ext.P1 is the order by which the petitioner was promoted as H.S.A. She is having a total service of 10 years, 8 months and 3 days in Idukki District as on 31/03/2008. She belongs to Allappra in Ernakulam District. Since the petitioner has to look after a large family including her aged parents, she had submitted an application dated 15/02/2008, before the Deputy Director of Education, Idukki, for inter district transfer. As there was delay in forwarding the application, she filed W.P.(C).No.31512/2008. By Ext.P5, this Court directed the Headmaster to forward the application of the petitioner to the Deputy Director of Education, Idukki. Thereafter, the Headmaster forwarded the same to the Deputy Director of Education, Idukki, who in turn also forwarded the application to the Deputy Director of Education, Ernakulam. 3. Going by Ext.P6 Government Order, 20% of vacancy of H.S.A (English) is to be filled up by inter district transfer. But the application of W.P.(C). No.12485/2009 -:2:- the petitioner was kept without further action and again the petitioner was compelled to file W.P.(C).No.5030/2009. Ext.P7 is the judgment rendered therein. By Ext.P7 judgment, this Court found that, since the Deputy Director of Education, Idukki has forwarded the application for inter district transfer to the Deputy Director of Education, Ernakulam, though this Court had not in judgment in W.P.(C).No.31512/2008 directed him to dispose of the application for inter district transfer, the respondent ought to have passed orders on the same without awaiting for a further direction from this Court. Accordingly, the Deputy Director of Education Ernakulam was directed to pass final orders on the application filed by the petitioner within a period of one month from the date of production of a copy of the judgment. By Ext.P8, the application was rejected stating that the same was received in his office only on 05/12/2008 and by the time, the vacancies earmarked for inter district transfer in the category of H.S.A (English) were reported to the K.P.S.C for Direct Recruitment on the basis of GO(MS) No.446/2005/GE, dated 16/12/2005. It was made clear that if the petitioner applies for inter district transfer for the next academic year, the same will be considered on merit. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. In the statement filed on behalf of the first respondent W.P.(C). No.12485/2009 -:3:- it is stated that as per the existing ratio, there is a shortage of candidates in the quota for inter district transfer but the same happened only due to the non-availability of qualified applicants seeking inter district transfer. It is pointed out that the vacancies set apart for inter district transfer were also reported to the P.S.C for direct recruitment due to the absence of the applicants for inter district transfer. At present there are seven vacancies of H.S.A (English) in Ernakulam District. But among the said vacancies, 4 vacancies are early reported to the P.S.C for by-transfer appointment among the qualified ministerial staff and two for making appointment of Physically handicapped persons. Those vacancies were reported as already as on 13/11/2006 and 11/07/2008 respectively. The remaining one vacancy was reported as NJD to PSC vide their office letter dated 15/01/2009, but appointment order to the above candidate has not yet been issued. Against the said NJD vacancy the PSC has advised a candidate as per letter dated 15/05/2009. 5. The learned counsel for the petitioner submitted that the admitted position therefore will be that the strength of inter district transfer appointees is less than the one that is prescribed in Ext.P6, namely 20%. It is therefore, submitted that it was not right on the part of the respondent to report all the vacancies to the P.S.C. It is also pointed out that for making W.P.(C). No.12485/2009 -:4:- transfer appointment from among the ministerial staff, no rank list is in force and for that reason also the petitioner's case is liable to be considered in one of the existing vacancies. I see much force in the above contentions and especially since her application was not at all a belated one. The eligibility cannot be disputed. 6. In the light of the averments in the statement and in view of the fact that the delay in forwarding the application was not on the part of the petitioner, the claim of the petitioner ought not have been rejected. Therefore, Ext.P8 is quashed. The first respondent will pass fresh orders in the matter. The claim of petitioner for inter district transfer will be considered in any one of the existing vacancies and if necessary, requisition made to the P.S.C as regards one of the vacancies will be recalled and appropriate orders will be passed granting the inter district transfer sought for by the petitioner. Final orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE ms