IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 17430 of 2008(Y) PETITIONERS: ------------ 1. SHIBU.S.G., HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGH SECONDARY SCHOOL,THRIKKODITHANAM CHANGANASSERY, KOTTAYAM DISTRICT. 2. NISANTH MOHAN.M. HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL,THRIKKODITHANAM THODUPUZHA, IDUKKI DISTRICT. 3. GIREESAN.A. HIGHER SECONDARY SCHOOL TEACHER G.M.B. HIGHER SECONDARY SCHOOL TEACHER HARIPPAD, ALAPPUZHA DISTRICT. 4. VIJAY KUMAR.C.R HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL PUNALUR, KOLLAM DISTRICT. 5. BIJU S.S. HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL AIYANKOYIKKAL, P.O. KOYIVILA, KOLLAM DISTRICT. 6. VENKITAMOORTHY.K. HIGHER SECONDARY SCHOOL TEACHER MOHAMEDAN GOVERNMENT HIGHER SECONDARY SCHOOL EDATHARA, KOLLAM 689 695 7. PRIYA.U., HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL ANGADIKAL SOUTH, CHENGANNUR, ALAPPUZHA DISTRICT. 8. SURESHKRISHNAN.K.L. HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL ALA, CHENGANNUR, ALAPPUZHA DISTRICT. 9. SUBASH KRISHNAN.K. HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL KALANJOOR, PATHANAMTHITTA DISTRICT. 10. RAJKUMAR K.K. HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL THIRUVANVANDOOR, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. DR.K.P.KYLASANATHA PILLAY RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS SANTHINAGAR, THIRUVANANTHAPURAM. 3. VENUGOPALAN M.G. HIGHER SECONDARY SCHOOL TEACHER GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL KARAMANA, KARAMANA POST, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17430 OF 2008 -------------------------------------------- Dated this the 10th July, 2008 JUDGMENT The petitioners are Higher Secondary School Teachers working in various schools in Kottayam, Idukki, Alappuzha, Kollam and Pathanamthitta Districts. The grievance voiced by the petitioners is that though a policy was evolved by the Government for transfer of Higher Secondary School Teachers as evidenced by Ext.P4, the same has not been implemented during this academic year and that the teachers are compelled to make separate applications for transfer in spite of the fact that they had submitted applications earlier on the basis of Ext.P4 guidelines. 2. It is stated that the second respondent, the head of the department, used to call applications prior to each general transfer and that the petitioners used to submit applications in the prescribed form right from 2005 onwards, seeking transfer to their native District, namely, Thiruvananthapuram District. It is pointed out that as per clauses 4, 5, 18 and 19 of Ext.P4 guidelines, the petitioners are eligible for transfer to Thiruvananthapuram District as they have completed more than three years' service in outstation. It is pointed out that they came across a news item wherein it is stated that in spite of the applications already submitted, W.P.(C) NO.17430 OF 2008 Y :: 2 :: persons like the petitioners have to make another application for transfer. It is also stated that in the new proforma the petitioners have submitted fresh applications for transfer. 3. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ of mandamus or any other writ or order directing the 1st and 2nd respondents to implement transfer of Higher Secondary School Teachers as per guidelines Ext.P4(a). ii) To issue a writ of mandamus or any other writ or order directing the 2nd respondent to give transfer to Public Service Commission appointed Higher Secondary School Teachers (Geography) to the native district. iii) To issue a writ of mandamus or any other writ or order directing the 1st respondent to consider Ext.P8 after hearing the petitioners.” 4. A counter affidavit has been filed on behalf of the first respondent wherein it is stated thus: “6. It is submitted that the petitioners argument that in the absence of Special guidelines prescribed for a department the general guidelines for transfer of employees issued by Government then and there is to be followed is correct. But since these General guidelines cannot be followed in toto in this department, the Director has convened a meeting of the representatives of all the recognized teachers organizations and framed transfer norms and the same have been ratified by Government as per Ext.P4 letter. Later as per letter No.27961/U1/08/Gl.Edn., dated 15.5.2008 Government have directed the Director to do the transfer as done in the W.P.(C) NO.17430 OF 2008 Y :: 3 :: previous year (as per seniority(, as Government have to review the Ext.P4 guidelines on the basis of complaints received from Teacher's Organization. It is in the light of the above direction that the Director invited fresh application from Teachers for transfer. 7. It is submitted that the Director calls application for general transfer during the February every year. All the teachers who have entitlement for transfer are given transfer depending upon their eligibility and availability of vacancies. The petitioners were not given transfer earlier as they have no entitlement for transfer since they are far junior in Higher Secondary Education Service. 8. It is also submitted that out of total 90 H.S.S.Teachers in Georgraphy posted on 10.1.2005, 45 were from Thiruvananthapuram District and 35 were from Palakkad district and the teachers in the said subject are spread all over the State. Hence all H.S.S.Teachers in Geography cannot be accommodated in their Home station at a time. It is further submitted that the Exhibit P4 is only a Government letter and not at all a Government Order or Circular regulating the norms for transfer.” It is also stated in the counter affidavit that a review of Ext.P4 norms is required after discussions with the teachers' organizations. Therefore, the Government directed that transfers shall be made as per the norms which were being followed in the previous years. It is stated in the counter that the transfer of teachers will be done strictly as per the norms followed in 2007-08, which is marked as Ext.R1(a) in the counter affidavit. It is stated that a provisional transfer order will be published on departmental web site and complaints could be entertained from teachers. Transparency would be ensured, it is stated in the counter. W.P.(C) NO.17430 OF 2008 Y :: 4 :: 5. In view of the submission that Ext.P4 guidelines have not been implemented and the Government having stated that the matter is being looked into afresh and the norms as available in 2007-08 would be adhered to strictly, the only relief that can be granted to the petitioners is to permit them to approach the second respondent (Director of Higher Secondary Education), pointing out their individual grievances. The petitioners would be free to make detailed representations to the second respondent requesting for transfer in the light of the relevant criteria which are being followed. On receipt of such representations, the second respondent shall consider the grievance voiced by the petitioners and take appropriate decision in the matter. The petitioners would be entitled to produce such other materials and documents as are relevant before the second respondent. If and when such representations are received by the second respondent, they shall be disposed of without delay and, at any rate, within a period of one month from the date of receipt of such representations. It is made clear that I have not considered the merits of the claim made by the petitioners. 6. There is merit in the submission of the petitioners that proper guidelines should be framed for transfers of Higher Secondary School Teachers so that there will be uniform standard applicable to all. Though Ext.P4 guidelines have been framed, the same has not been implemented W.P.(C) NO.17430 OF 2008 Y :: 5 :: on the request made by a service organization. The Government shall finalize the guidelines expeditiously so that the guidelines can be applied for the general transfer from the next academic year onwards. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/