IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WA.No. 1968 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.22740/2008 Dated 26/08/2008 .................... APPELLANT(S): PETITIONER IN THE WRIT PETITON ------------------------- GIRISANKAR S.S., LECTURER (SENIOR SEALE) GOVERNMENT LAW COLLEGE, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: RESPONDENTS IN THE WRIT PETITION --------------------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM. 2. LINY JOSE K. LECTURER, GOVERNMENT LAW COLLEGE, THRISSUR. GOVERNMENT PLEADER SRI.K.SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- W.A. No. 1968 of 2008 --------------------------------------- Dated this the 29th day of September, 2008 Judgment Koshy,J. Appellant and second respondent are Lecturers in the State service. They were posted in the Government Law College, Thrissur. Appellant joined service on 4.7.2000. Thereafter, he was on deputation from 9.11.2004 to 31.3.2007. Second respondent, though appointment order was issued, joined the service only on 25.2.2008. Under clause 13 of the Government Order fixing norms/guidelines for transfer, employees who have completed three years service will be eligible for transfer to home station. G.O. (P) No.13/2000/P & ARD dated 27.4.2000 provides for transfer on compassionate grounds. The appellant's application for transfer to his home station, Government Law College, Ernakulam was rejected and second respondent was transferred to Government Law College, Ernakulam on compassionate ground. The learned single Judge noted that the second respondent submitted an application for transfer on the very next day of joining service. Out of the 154 and a half days of her service in Thrissur, 61 days were summer holidays W.A.No.1968/2008 2 and she actually worked for 74 and a half days after availing leave without allowances for 13 days on medical grounds and six days' casual leave. The learned single Judge found that the second respondent had demonstrated an exceptionally exceptional case for sympathetic concern of the Government for compassionate grounds. The learned single Judge also noticed in paragraph 17 the difficulties of the second respondent and found that even though she is not entitled under Ext.P12 government order of transfer to home station, the second respondent was transferred on the basis of compassionate grounds as per government order dated 27.4.2000. The learned Judge further found as follows at paragraph 17: "17. In the case in hand, the health situation of the mother-in-law of the second respondent is not in dispute. The fact that there is none else to take care of her, as of now, is also not in much of a dispute. Therefore, in the absence of a statutory or constitutional prohibition and in the presence of a statutory provision in the nature of Rule 32 among Part II K.S. & S.S.R., the Government cannot be characterized as devoid of the power to make a transfer under such circumstances, which are, in a given case, noticed as even beyond the general guidelines issued as per G.O. (P) No.13/2000." At paragraph 20, equitable relief was also granted. On the facts of this case, we see no ground to interfere in the matter as second W.A.No.1968/2008 3 respondent deserved sympathy. It is stated in Ext.P11 that the Faculty Improvement Programme (FIP) deputation of the petitioner from 9.11.2004 to 31.3.2007 will not count as outstation service, but, it is submitted that it will count as outside service. It is stated by the learned Judge in the impugned judgment that petitioner is eligible as per the norms, but, found that second respondent was transferred not on the basis of Ext.P12 norms but only on the basis of compassionate grounds and Government is authorised to give transfer on that ground. In the above circumstances, there is no merit in the appeal. The writ appeal is dismissed. J.B.Koshy Judge K.P. Balachandran Judge vaa W.A.No.1968/2008 4 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.1968/2008 ------------------------------------- Judgment Date:29th September,2008