IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 27807 of 2010(A) -------------------------- PETITIONER(S): --------------- K.INDIRA, AGED 53 YEARS, W/O. MANI PONNOTH, SENIOR LECTURER(IFIC), DISTRICT INSITUTE OF EDUCATION & TRAINING (DIET) WAYANAD, SULTHAN BATHERY, WAYANAD DISTRICT-673592, RESISING AT PONNOTH HOUSE, CHEERAL.P.O., SULTHAN BATHERY, WAYANAD DISTRICT-673595. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-01 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-01. 3. THE PRINCIPAL, DISTRICT INSTITUTE OF EDUCATION & TRAINING (DIET) WAYANAD, SULTHAN BATHERY, WAYANAD DISTRICT-673595. 4. E.J.LEENA, SENIOR LECTURER (IFIC) DISTRICT INSTITUTE OF EDUCATION & TRAINING (DIET) THRISSUR-68001. ADV. SRI.C.A.CHACKO FOR R4 BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, A/W.WP(C) NO.29684/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27807 of 2010(A) PETITIONER'S EXTS: P1:- COPY OF G.O. DTD.3.9.10 P2:- COPY OF ORDER DTD.16.1.09 P3:- COPY OF GO DTD.24.6.10 P4:- COPY OF REPRESENTATION DTD.3.9.10 P5:- COPY OF MEDICAL CERTIFICATE DTD.4.9.2010 P6:- COPY OF PAPER REPORT DTD.2.9.2010 RESPONDENTS EXTS: R4(a):- COPY OF RELIEVING ORDER DTD.4.9.2010 R4(b):- COPY OF CALENDER FOR SEPT.2010 ISSUED BY R3 TO PETITIONER R4(c):- COPY OF DISABILITY CERTIFICATE OF THE PETITIONER R4(d):- COPY OF DISCHARGE SUMMARY DTD.11.3.09 /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ----------------------------------------- W.P.(C).Nos.27807 of 2010 & 29684 OF 2010 ----------------------------------------- Dated this the 22 nd day of October, 2010 JUDGMENT Two Senior Lecturers, E.J.Leena,(petitioner in WP(C) No.29684 of 2010) and K.Indira (petitioner in WP(C) No.27807 of 2010) wish to continue as Senior Lecturer (IFIC), District Institute of Education & Training (for short 'DIET'), Sulthan Bathery, Waynad. K.Indira was working as Senior Lecturer at Sulthan Bathery. It is stated that she is due to retire on 31.3.2012. As per the general transfer order GO(Rt)No.3876/2010/G.Edn. dated 3.9.2010, K. Indira was transferred as Senior Lecturer (IFIC), DIET, Thrissur. E.J.Leena was working as Senior Lecturer (IFIC), DIET, Thrissur. She claims that she has 40% disability. As per the very same transfer order, Leena transferred from Thrissur to (IFIC), DIET, Sulthan Bathery, Wayanad. Leena and Indira belong to Wayanad District. Both of them want to work in the same station. That resulted in these Writ Petitions filed by them. Indira W.P.(C).Nos.27807 of 2010 & 29684 OF 2010 2 challenges the transfer order while, Leena challenges the order keeping in abeyance the transfer order on the ground that the transfer order would not be implemented till the general election to the local bodies is over. 2. Sri.James Koshy, learned counsel appearing for Indira submitted that the transfer order was passed on the basis of the guidelines in GO(MS) No.7/2009/G.Edn. dated 16.1.2009. It is submitted that GO(MS)No.101/2010/G.Edn. dated 24.6.2010 issued subsequently was not taken note of while effecting transfer. Sri.James Koshy submitted that Indira is entitled to rely on clauses 1, 4 and 7 of GO(MS)No.101/2010. It is submitted that if those factors are taken into account, Indira could continue in Sulthan Bathery itself. 3. According to E.J.Leena, Indira is working in the same station for more than 15 years. Leena got W.P.(C).Nos.27807 of 2010 & 29684 OF 2010 3 transfer to Sulthan Bathery Wayanad, taking into account her physical disability and other factors. Leena wants to get the transfer order implemented. She is only aggrieved by GO(Rt) No.3903/2010/G.Edn. dated 6.9.2010, by which the transfer order was kept in abeyance till the process of general election 2010 for LSGD institutions is over. It is submitted that Leena was relieved from Thrissur and she joined at Sulthan Bathery. Later, in view of the Government Order dated 6.9.2010, she was compelled to go back to Thrissur. 4. The general transfer order, which is the subject matter for consideration in these two Writ Petitions, was subject to challenge in WP(C) No.29648 of 2010 by four senior Lecturers who were transferred as per that order. In that Writ Petition also, the contention raised by the petitioners therein was that while effecting the transfer, GO(MS)No.101/2010/G.Edn. dated 24.6.2010 W.P.(C).Nos.27807 of 2010 & 29684 OF 2010 4 was not taken note of. The petitioners therein had submitted representations also before the Government. WP(C) No.29648 of 2010 was disposed of directing the Government to dispose of the representations submitted by the petitioners therein. The order of transfer was also directed to be kept in abeyance till the disposal of the representations. 5. In the present case, Indira has not filed any representation before the Government. The learned counsel for Indira submitted that she may be permitted to make a representation to the Government within a period of two weeks. The learned counsel appearing for Leena submitted that she is entitled to get the transfer to Sulthan Bathery and any delay in the matter would cause great prejudice to her. It is also submitted by the counsel that Leena also may be permitted to file a representation, in case the court holds that W.P.(C).Nos.27807 of 2010 & 29684 OF 2010 5 the representation submitted by Indira is to be considered. In the facts and circumstances of the case, the Writ Petitions are disposed of as follows: a) K.Indira is permitted to make a representation before the Government within two weeks from today. b) If Indira makes a representation as above, the Government shall consider the same as expeditiously as possible, and at any rate before the implementation of the transfer order dated 3.9.2010. c) E.J.Leena is also entitled to file a representation before the Government pointing out all her grievances. The Government shall consider that W.P.(C).Nos.27807 of 2010 & 29684 OF 2010 6 representation also along with the representation submitted by Indira. e) The Government shall consider the transfer guidelines in force and also consider all the contentions put forward by Indira and Leena and shall pass appropriate orders. f) The Government shall afford an opportunity of being heard to Leena and Indira before passing final orders. K.T.SANKARAN, JUDGE. cms