IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 602 of 2006(V) ----------------------------------- PETITIONER: ------------------- K.V. BHUVANESWARI, "SREE DURGA", KANNIAMPURAM P.O., OTTAPALAM, PALAKKAD. BY ADVS. SRI.V.M.SYAM KUMAR, SRI.SURESH SAMUEL. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE HEAD MASTER, G.H.S. FOR DEAF, OTTAPPALAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, ALONG WITH W.P.(C). NO.27469/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.602/2006-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(MS).NO.39/90/G. EDN. DTD. 05/03/1990. EXT.P.2: COPY OF THE EXEMPTION GIVEN TO ONE MR. SANKUNNI PILLA WHO HAVE COMPLETED 10 YEARS OF SERVICE DTD. 16/06/1995 ISSUED BY THE R.2. EXT.P.3: COPY OF THE CERTIFICATE ISSUED BY THE M.P. BHOJ UNIVERSITY, BHOPAL DTD. 14/04/2004 TO THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE HON'BLE EDUCATION MINISTER DTD. 23/01/2004. EXT.P.5: COPY OF THE SAID TRANSFER ORDER BEARING NO.A4-9771/02 DTD. 31/12/2005. EXT.P.6: COPY OF THE REPRESENTATION DTD. 04/01/2006 GIVEN TO THE HON'BLE MINISTER BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.602/06 & 27469/09 ----------------------------------------------------- DATED THIS THE 7th DAY OF FEBRUARY, 2011 J U D G M E N T Both these Writ Petitions are filed by the same petitioner. 2. In W.P.(C)No.602/06, the petitioner seeks to challenge Exhibit P5 order transferring her to GSBS, Nellikkurissy. In W.P. (C)No.27469/09, the petitioner is aggrieved by Exhibit P7 order. The petitioner was transferred by Exhibit P7 produced in W.P.(C) No.27469/09 on the finding that she did not possess the Special Training for Deaf. 3. Initially, the petitioner was appointed in an aided school and after getting selection through PSC, she was transferred to the GHS for Deaf, Ottappalam. The mode appointment of teachers in the Special School for Deaf is prescribed in the Government Order dated 22.11.1979. She was not having the special qualification at the time of appointment and therefore she was appointed in the lower scale of pay on the basis of Exhibit P1. Exhibit P2 is the communication by the Public Service Commission. According to the petitioner, she completed B.Ed.(SEDE) from the MP.Bhoj.(Open) University, W.P.(C)No.602/06 & 27469/09 -2- Bhopal. Exhibit P3 is the copy of the degree certificate and Exhibit P4 is the registration certificate issued by the Rehabilitation Council of India. Exhibit P6 order is relied upon by the petitioner to contend that the certificates issued by both the Universities are declared valid by the Government. 4. Along with I.A.No.12166/09 the petitioner has produced Exhibits P8 to P10 and along with I.A.No.12462/09, the petitioner has produced Exhibits P11 to P13. Exhibit P13 is a representation filed before the Director of Public Instructions, seeking to cancel the order of transfer. 5. When the case come up for hearing today, the learned counsel for the petitioner submitted that along with I.A.No.2104/11, the petitioner has produced Exhibit P14, which is a representation filed before the Government. Therein the petitioner has pointed out that orders of the Government are required for granting scale of pay from the date of acquisition of special training qualification. 6. The learned counsel for the petitioner, therefore prayed that the Government may be directed to take a decision W.P.(C)No.602/06 & 27469/09 -3- on Exhibit P14, which is stated to be forwarded by the Director of Public Instructions already. 7. Therefore, the Writ Petitions are disposed of in the following manner. The 4th respondent will take a decision on Exhibits P14 and P15 filed as a subsequent one which are stated to be pending before the Government as forwarded from the Office of the Director of Public Instructions. Appropriate decision will be taken, and communicated to the petitioner, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The interim order passed by this Court in W.P.(C)No.27469 will continue till orders are passed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge