IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 1822 of 2011(C) -------------------------------------- PETITIONER(S): ----------------------- 1. GAYATHRIDEVI S., HIGHER SECONDARY SCHOOL TEACHER (COMMERCE), GOVERNMENT BOYS' HIGHER SECONDARY SCHOOL, KARAMANA, THIRUVANANTHAPURAM. 2. JINABALA N.S., HIGHER SECONDARY SCHOOL TEACHER(COMPUTER SCIENCE), DR. A.M.M.R. HIGHER SECONDARY SCHOOL, KATTELA, SREEKARYAM, THIRUVANANTHAPURAM. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE BY ADV. SRI.K.MOHANAKANNAN RESPONDENT(S): --------------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. SHOJA RAJ, HIGHER SECONDARY SCHOOL TEACHER(COMPUTER SCIENCE), GOVERNMENT HIGHER SECONDARY SCHOOL, KULASEKHARAPURAM, KOLLAM. 4. BINULY B.L., GOVERNMENT MODEL HIGHER SECONDARY SCHOOL, VETTIKAVALA, KOLLAM DISTRICT. R1 & R2 BY GOVENRMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, ALONG WITH WPC NO. 2098 OF 2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.1822/2011-C, 2098/2011-J, 2433/2011-D, 2607/2011-A, 2697/2011-J, 2790/2011-W, 2932/2011-N & 2825/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2011 J U D G M E N T All these writ petitions raise a common issue and are being disposed of together. The petitioners are working as Higher Secondary School Teachers in various disciplines in Government Higher Secondary Schools. They are from different districts of the State. The common thread as far as the petitioners are concerned is that for appointing Principals of the respective schools, they have been thrown out. The dispute herein is with respect to the non grant of suitable postings to many of them in spite of options being submitted in time. 2. Heard the learned Senior Counsel Shri N.N.Sugunapalan and learned counsel Shri K.Mohanakannan appearing for the petitioners and the learned Government Pleader Smt.Nisha Bose. 3. For easy reference, I shall consider the pleadings and documents in W.P.(C).No.2607/2011. The W.P.(C). No.1822/2011-C, and connected cases -:2:- petitioners are relying upon Ext.P1, a Circular dated 27/11/2010 issued by the Director of Higher Secondary Education. The same relates to shifting of H.S.S.Ts, teaching the same subject as Principals. It is mentioned that the “teachers who are thrown out for want of posts consequent as the transfer and appointments of Principals in Government Higher Secondary Schools on the orders cited above are directed to apply online for shifting to convenient schools within the Districts where they are working now in the Proforma appended on or before 5 P.M, 01/12/2010”. Ext.P2 is another Circular dated 04/01/2011, therein also the HSSTs who became excess are directed to apply online for transfer on or before 10/01/2011. Those who have applied already also are directed to apply online so as to process their applications along with the General Transfer applications of HSSTs in various subjects, as per the norms for General Transfer. W.P.(C). No.1822/2011-C, and connected cases -:3:- 4. It is the case of the petitioners in all these writ petitions that they had submitted their options showing the schools convenient to them. They insist that the applications submitted by them through online were liable to be considered separately and not along with the applications of general transfer optees. It is the case of the petitioners that Ext.P1 Circular as well as Ext.P2, the later Circular, gives them a right to submit option as they are thrown out teachers. Finally, when orders were passed showing the list of the transferees, many of the petitioners could not get the opted stations and some of them did not find their place in the list at all. It is in those circumstances they approached this Court by filing these writ petitions. 5. This Court passed a common interim order on 02/02/2011. The Director of Higher Secondary Education had maintained the stand that Ext.P1 Circular has already been withdrawn and they have issued another Circular dated 28/01/2011 produced as Ext.R2(b) W.P.(C). No.1822/2011-C, and connected cases -:4:- allowing various parties to submit further option statement within a period of five days from the date of the order. This Court after considering the matter, allowed time upto 07/02/2011 for the petitioners to submit options. The petitioners were allowed to file separate objections also with regard to the complaints regarding convenient posting given to any of their juniors in the opted schools of the petitioners. Again the list was published and it is pointed out by the petitioners that apart from the options submitted by the petitioners, additional options were added and shown against their names by the officials which is really irregular. As a result of the said exercise, what has happened is that many of the petitioners could not get any posting in the choice station. Some of them were given postings but in different stations far away which according to the learned Senior Counsel for the petitioners are in different districts also. 6. The learned Senior Counsel for the petitioners Shri N.N.Sugunapalan submitted that the whole exercise W.P.(C). No.1822/2011-C, and connected cases -:5:- made by the department is illegal. It is submitted that the case of the thrown out teachers had to be considered first and the method attempted by the Director of Higher Secondary Education to consider their options along with the optees under the General Transfer applications cannot be justified. 7. The learned Government Pleader submitted that what was done by the Department was perfectly justified and it was as per the common guidelines issued by the Government, a copy of which is produced as Ext.R1(a) along with the counter affidavit. It is therefore, submitted that the thrown out teachers will not get any better preference and their case can be considered only along with general transfer applicants. 8. The respondents have filed separate counter affidavits justifying their stand. 9. It is the case of the petitioners that in many of the districts, vacancies may arise on 31/03/2011 because of retirement. It is prayed that those W.P.(C). No.1822/2011-C, and connected cases -:6:- stations could be allotted to them so as to redress their grievances. 10. In W.P.(C).No.2697/2011 it is pointed out that a vacancy will arise on 31/03/2011 at Government H.S.S., Ezhipuram, Ernakulam. 11. As far as W.P.(C).No.2825/2011 is concerned, it is submitted that a vacancy will arise at G.H.S.S, Kodakara, Thrissur. 12. With regard to W.P.(C).No.2932/2011 it is pointed out that at the time of submission of option, there was an open vacancy at G.H.S.S, Irinjalakuda, Thrissur. 13. In W.P.(C).No.2607/2011 open vacancies were available in the following stations at the time of submission of options:- 1)G.H.S.S Petta, Thiruvananthapuram 2)New post sanctioned at: S.A.M.G.H.S.S, Vellayani, Thiruvananthapuram 3)G.H.S.S., Kulathur, Thiruvananthapuram It is also pointed out that some of the juniors are working in the following schools: W.P.(C). No.1822/2011-C, and connected cases -:7:- 1)G.H.S.S., Vettoor 2)G.H.S.S, Mithrumala, Thiruvananthapuram 3)G.H.S.S, Neduveli, Kunchira 14. In W.P.(C).No.2790/2011 and 2433/2011, vacancies in the following stations have been pointed out which may arise on 31/03/2011:- 1)G.H.S.S., Aryanad, Thiruvananthapuram 2)G.H.S.S., Venganoor, Thiruvananthapuram 3)G.H.S.S for Boys,Chala, Thiruvananthapuram 15. In W.P.(C).No.2098/2011, the first petitioner has already been posted in an opted school. Similarly, petitioners 6, 10 and 12 have also been posted in the opted schools. With regard to the other petitioners, it is pointed out that vacancies will be available on 31/03/2011 in the following stations:- 1)Govt. Girls .H.S.S., Perumbavoor, Ernakulam 2)S.K.V.Govt.H.S.S., Neendoor, Kottayam 3)G.M.H.S.S, Venganoor, Thiruvananthapuram Further, the stations in which open vacancies were available at the time of submission of options are:- 1)G.H.S.S., Edappally 2)G.H.S.S., Paravoor, Ernakulam 3)G.M.B.H.S.S., Irinjalakuda 4)G.M.G.H.S.S., Irinjalakuda 5)G.M.B.H.S.S., Chalakkudy W.P.(C). No.1822/2011-C, and connected cases -:8:- 6)Govt. R.S.R. V.H.S.S, Velloor, Thrissur It is also pointed out that some of the juniors are working in the following stations: 1)Govt.Devi Vilasom G.H.S.S., Kudavachoor, Kottayam 2)Govt.Girls H.S.S, Mavelikkara 3)S.K.V. G.H.S.S., Nendoor, Kottayam 4)G.H.S.S., Edakunnam, Kottayam 16. In W.P.(C).No.1822/2011, open vacancies were available in the following stations:- 1) G.H.S.S., Attingal, Thiruvananthapuram 2) G.V.H.S.S, Vithura, Thiruvananthapuram 17. One of the points raised by the learned Government Pleader is that the Ext.P1 Circular or the guidelines will not confer any benefits to the thrown out teachers. 18. The learned Senior Counsel for the petitioners submitted that the plight of the thrown out teachers ought to have been considered before considering the options submitted by the applicants for general transfer because general transfer applicants are already occupying posts in schools and there are no W.P.(C). No.1822/2011-C, and connected cases -:9:- impediments for their continuance in their respective schools. That the petitioners were thrown out consequent to the transfer and appointment of the Principals, cannot be a matter for dispute. It is the case of the petitioners that going by paragraph (1) of the guidelines, namely, Ext.R1(a), it is mentioned that the shifting of Principals will be done initially and if any H.S.S.T's are shifted as a result of it, they will be given opportunity to opt to their convenient schools and also after considering their applications, the general transfer will be effected. This is relied upon by the learned Senior Counsel for the petitioners to submit that even the Government has prescribed the very same principle and, therefore, Ext.P1 Circular was only in tune with the general guidelines for transfer and not against it. 19. Since the Department has taken the stand that the Circular Ext.P1 is not in tune with the Government Order, the Government will have to consider all issues in the light of the guidelines for transfer and the W.P.(C). No.1822/2011-C, and connected cases -:10:- contentions raised herein. As the petitioners point out that the thrown out teachers should get a better treatment, different from the general transfer applicants, the said aspect will be considered by the Government. It is pointed out by the learned counsel for the petitioners that the cancellation of Ext.P1 is only after the transfer orders were issued and it was only to cause inconvenience to them. But the learned Government Pleader explained that the Department was of the view that the same goes against the guidelines for general transfer. Based on the interim orders passed by this Court, the petitioners who could not get the opted stations are continuing in their respective schools. Some of the petitioners have already obtained the opted stations and they have joined also. 20. Therefore, with regard to the petitioners who have not obtained their opted stations, they will have to approach the Government by filing appropriate representations. Representations already filed have W.P.(C). No.1822/2011-C, and connected cases -:11:- been produced along with the following inter locutory applications:- I.A.No.4624/2011 in W.P.(C).No.1822/2011, I.A.No.4630/2011 in W.P.(C).No.2098/2011, I.A.No.4625/2011 in W.P.(C).No.2433/2011 I.A.No.4622/2011 in W.P.(C) No.2607/2011, I.A.No.4626/2011 in W.P.(C).No.2697/2011, I.A.No.4627/2011 in W.P.(C).No.2790/2011, I.A.No.4628/2011 in W.P.(C).No.2932/2011 & I.A.No.4629/2011 in W.P.(C).No.2825/2011. There will be a direction to the Government to consider the representations filed by the petitioners and pass appropriate orders after hearing them within a period of two months. Those of the petitioners who are permitted to continue in terms of the interim order, will continue till orders are passed by the Government. Appropriate orders will be passed by the Government after considering the case of the petitioners on merits. It will be open to the Government to consider W.P.(C). No.1822/2011-C, and connected cases -:12:- whether the case of the thrown out teachers should get precedence and whether application for general transfer will be considered separately. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms