IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6449 of 2010(E) ------------------------- PETITIONER(S): --------------- SOFIA S.R., P.D.TEACHER, GOVERNMENT HIGH SCHOOL, THANEERMUKKAM, ALAPPUZHA DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE HEADMASTER, GOVERNMENT HIGH SCHOOL, THANEERMUKKAM. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 6449 of 2010 ================== Dated this the 1st day of March, 2010 J U D G M E N T The petitioner joined service as a P.D. Teacher in Palakkad District on 3.12.2003. Thereafter, as per Ext.P1 order, the petitioner obtained inter-district transfer to Alappuzha District on compassionate ground on the basis of Ext.P2 Government order, pursuant to which, she was posted at Govt. L.P. School, Ponga, as per Ext.P3. At the time of granting such transfer, the petitioner had given an undertaking to work in Kuttanad area for a minimum period of five years. Thereafter, on the ground that the petitioner's husband is not keeping well due to heart disease, she submitted a request for transfer to Government High School, Kuppapuram, which comes within Kuttanad area and also at Government High School, Thanneermukkam, which was not within Kuttanad area where vacancies were existing. The petitioner was granted transfer as per Ext.P4 order to Government High School, Thanneermukkam, where she joined on 18.5.2007. Later, the 2nd respondent issued Ext.P5 show cause notice dated 22.10.2009, directing the petitioner to show cause why Ext.P4 shall not be cancelled because the same is against the Government order applicable and undertaking given by the petitioner. The petitioner submitted Ext.P6 reply and, after hearing the petitioner, Ext.P7 order has been issued by the 2nd respondent transferring her to the w.p.c.6449/10 2 Government L.P. School, Mankombu, a school within Kuttanad area, with immediate effect. According to the petitioner, similarly situated teachers who had undertaken to serve five years in Kuttanad area, were given relaxation and are working outside Kuttanad area. Although that fact was specifically pleaded in Ext.P6, the same has not been considered while issuing Ext.P7 order is the contention of the petitioner. It is under the above circumstances, the petitioner has filed this writ petition challenging Ext.P7 order. 2. I have heard the learned Government Pleader also. 3. It is not disputed before me that as per Ext.P2 Government order, for inter-district transfers on compassionate grounds in relaxation of the rule, that the person should have 5 years service in a district for applying for inter-district transfer, there is a condition that the transferee shall work in the area where he has been transferred for minimum five years. The petitioner had given an undertaking to that effect is also not disputed before me. If that be so, even assuming that the petitioner has a contention that others have been given such transfer in relaxation of that condition, I cannot direct that such illegality should be perpetuated for ever. As such, I am not satisfied that the petitioner is entitled to that relief. However, the petitioner points out that the petitioner had submitted a request for transfer to Government High School, Kuppapuram, which comes within Kuttanad w.p.c.6449/10 3 area and therefore, she can be transferred to Kuppapuram, in accordance with the undertaking given by her. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner's request for allowing her to continue at Government High School, Thanneermukkam, is declined. However, the 2nd respondent shall consider the claim of the petitioner for transfer to Government High School, Kuppapuram, if a vacancy is available or when a vacancy becomes available in that school. The learned Government Pleader submits that there is no vacancy at present at Kuppapuram. The petitioner can make a representation as soon as a vacancy becomes available at Kuppapuram and the 2nd respondent shall consider the said representation within one month from the date of receipt of the representation from the petitioner, if a vacancy is available at Kuppapuram. I further issue a direction to the 1st respondent-Government to see that no transfers are made relaxing the conditions in Ext.P2 Government order and in violation of the undertaking given by the teachers to continue in the transferred stations for at least five years. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.6449/10 4