IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 29559 of 2010(T) -------------------------- PETITIONER(S): --------------- P.SUDHARMA, HIGH SCHOOL ASSISTANT (MATHS), GOVERNMENT MODEL GIRLS HIGH SCHOOL, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR (EDUCATION), KOLLAM. 4. THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29559 of 2010 --------------------------------------------- Dated this the 12th day of October, 2010 JUDGMENT The case of the petitioner is the following : The petitioner was appointed as HSA (Maths) on 12.6.1984 in Government High School, Vaniyambalam in Malappuram District and she joined duty on 19.6.1984. The petitioner is the sister of a Jawan. She applied for transfer to her native District in Kollam. That request was granted as per the order passed by the Deputy Director of Education, Kollam in the proceedings dated 7.9.1994 (Exhibit P1). She joined duty in Kollam District. The grievance of the petitioner is that her seniority is not reckoned taking into account the service in Malappuram District and a circular was issued directing the Headmasters of Government High School and Assistant Educational Officers in the District to make corrections in respect of seniority in the service records. The petitioner alleges that though G.O.(P) No.36/91 P&ARD dated 2.12.1991 was issued, while making Inter District Transfers, the seniority of the teachers was not affected. It is WPC 29559/2010 2 also stated that in a similar case a teacher got Inter District Transfer from Malappuram District to Kollam District and when a situation arose that his seniority in Malappuram District would be forfeited, he applied for getting a transfer back to Malappuram District. That request though originally rejected, it was granted by the Government as per the order dated 6.5.2010 (Exhibit P9). Pointing out these facts and stating that the petitioner was not aware while getting the transfer that there was a G.O. directing forfeiture of seniority in such cases, the petitioner submitted Exhibit P11 representation dated 30.8.2010 to the Government to transfer her back to Malappuram District so that she could retain the seniority. Exhibit P11 representation is not disposed of. 2. The reliefs prayed for in the Writ Petition are the following : (i) to issue a writ of certiorari or other writ or order or direction calling for the records leading up to Exhibit P11 and quash Exhibit P6. (ii) to issue a declaration that the petitioner WPC 29559/2010 3 is entitled to count her full service rendered by her as HSA for the purpose of seniority not withstanding the fact that she was given Inter District Transfer on the basis of Exhibit P1 and also to declare that the petitioner was transferred from Malappuram to Kollam District without any loss of seniority and that she is entitled to be included in the provisional seniority list, Exhibit P7, taking into account her original date of advice in Malappuram District and further to declare that the petitioner cannot be made to loss the service rendered in Malappuram District for the purpose of seniority since her Inter District Transfer to Kollam District was for being a relative of Jawan, without losing the prior service or alternatively to declare that the petitioner is to got back to Malappuram so as safe guard her original seniority. (iii) to issue a writ of mandamus or other writ or order directing the respondents as follows :- (a) to include the name of the petitioner in Exhibit P7 provisional seniority list and in the final seniority list, taking into account her original date of advise as HSA (Maths) i.e., from 19.5.1984 and consider her case for promotion as Headmaster/Asst. Educational Officer. WPC 29559/2010 4 (b) alternatively, to cancel the transfer to Kollam in 1994 and to transfer the petitioner back to Malappuram District with the benefit of full seniority and include her name in the provisional seniority list taking into account her date of advise as 19.5.1984 and also to include her name in the final seniority list to be issued shortly and to consider her for promotion to the higher grade taking into account her original date of advise as HSA (Maths). (iv) to issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.” 3. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied, if a direction is issued to the first respondent to consider and dispose of Exhibit P11 representation at the earliest, after affording the petitioner an opportunity of being heard. The request is just and reasonable. WPC 29559/2010 5 In the facts and circumstances mentioned above, the Writ Petition is disposed of as follows: (i) The first respondent shall consider and dispose of Exhibit P11 representation dated 30.8.2010, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. (ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl