IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 19181 of 2009(P) -------------------------------- PETITIONERS: ---------------- 1. P.K.HARIPRASAD,S/O.RAMAN,AGED 44 YEARS, WORKING AS HSA(HINDI),GOVERNMENT HIGHER SECONDARY SCHOOL,THALAPUZHA,WAYANAD DISTRICT,RESIDING AT VAYALIL HOUSE,AMBILAD,NIRMALAGIRI.P.O, PIN-670701,THALASSERY TALUK, KANNUR DISTRICT. 2. M.PADMANABHAN,S/O.P.KUNHAMBU,AGED 52 YEARS WORKING AS HSA(HINDI),GOVERNMENT HIGHER SECONDARY SCHOOL,VALAT,WAYANAD DISTRICT,RESIDING AT NELLIPARAMBATH HOUSE, KAICHERRY,CHITTARIPARAMBA.PO PIN-670659,THALASSERY TALUK,KANNUR DISTRICT. BY MR.R.SURENDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION,KANNUR. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 4. LAKSHMI MURIYAN,FATHER'S NAME NOT KNOWN, AGED 45 YEARS,WORKING AS HSA (HINDI),GOVERNMENT HIGH SCHOOL,PALA,THALASSERY TALUK,KANNUR DISTRICT. BY MR. A.J. VARGHESE, SR.GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ---------------------------------------- W.P.(C) No.19181 OF 2009 ---------------------------------------- Dated this the 10th day of August, 2009. J U D G M E N T The petitioners herein are seeking for inter-district transfer to Kannur District in the post of H.S.A (Hindi) from Wayanad District. The petitioners had duly applied for inter-district transfer to Kannur District and accordingly, a seniority list was prepared by the 1st respondent which is produced as Exhibit P1. The petitioners are placed as serial Nos.1 and 3 therein and the 4th respondent is placed as serial No.2. At that point of time, the 4th respondent was working in the Malappuram District. 2. As per the provisions of Exhibit P2 Government Order, 30% of the cadre strength is to be filled up by way of inter- district transfer of H.S.As in Hindi from other districts. The 4th respondent was benefited by a transfer as per Exhibit P4 order dated 29.01.2009. The order is issued relying upon a judgment of this Court in W.P.(C) No.12489/2008 which is produced by the petitioners as Exhibit P3. Therein the direction issued by this W.P.(C) No.19181/2009 2 Court was to consider Exhibit P1 and dispose of it in accordance with law. 3. It is contended that overlooking the seniority, the 4th respondent was given a transfer. The petitioners point out that there are other six vacancies for considering their case. 4. In the counter affidavit filed on behalf of the 1st respondent it is pointed out that in the academic year 2008- 2009, there were 10 applicants for inter-district transfer for the category of H.S.A (Hindi). The preparation of seniority list is also admitted. It is pointed out that relying upon the judgment of this Court in W.P.(C) No.12489/2008, the 4th respondent was given a transfer. Six vacancies pointed out by the petitioners have been reported to the Public Service Commission provisionally as per the directions of this Court in W.P.(C) No.19976/2007. 5. The judgment in W.P.(C) No.19976/2007 was called for. The said writ petition stands dismissed as per the judgment dated 29.05.2009. It was held therein that as on the date of expiry of the rank list, there are no vacancies to which candidates from W.P.(C) No.19181/2009 3 direct recruitment quota could be advised as the cadre strength has already been exceeded from that quota. In the light of the above, the vacancies which were reported in terms of the interim order passed by this Court in the said writ petition are now available. Therefore, the claim of the petitioners could be considered in those vacancies in accordance with the relevant Rules. Appropriate orders shall be passed by the 1st respondent within a period of one month from the date of receipt of a copy of this judgment. The petitioners contend that in the event of the petitioners being favoured with an inter- district transfer, then the question of seniority will arise as the 4th respondent was given a transfer violating seniority. The petitioners are free to agitate the same in accordance with law in appropriate proceedings. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp