IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 29648 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. SURESH P.,SENIOR LECTURER(PSTE) DISTRICT INSTITUTE OF EDUCATION & TRAINING (DIET) WAYANAD 2. P.R.BAHULEYAN,SENIOR LECTURER(CMDE) DISTRICT INSTITUTE OF EDUCATION & TRAINING (DIET) WAYANAD 3. K.M.UNNIKRISHNAN, SENIOR LECTURER(ET) DISTRICT INSTITUTE OF EDUCATION & TRAINING (DIET) KASARAGOD. 4. K.DEVDASAN, SENIOR LECTURER(P&M) DISTRICT INSTITUTE OF EDUCATION & TRAINING (DIET) KURUPPUMPADI,ERNAKULAM BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 3. THE DIRECTOR OF PUBLIC INSTRUCTION, O/O.THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.29648 OF 2010 ------------------------------ Dated this the 5th day of October, 2010 JUDGMENT The petitioners are Senior Lecturers working in District Institute of Education & Training (DIET), at various places. They are aggrieved by Ext.P1 order of transfer.(G.O.(Rt) No.3876/2010/G.Edn. dated 3.9.2010) 2. The petitioners contended that Ext.P1 order was issued after the order dated 1.9.2010 issued by the State Election Commission interdicting transfers until the elections to the Local Bodies are over. The learned Government Pleader submitted that as per G.O(Rt) No.3903/10/G.Edn. Dated 6.9.2010, Ext.P1 order of transfer is kept in abeyance until the elections to the Local Bodies are over. This submission is recorded. Therefore, the contention put forward by the petitioners that the transfer order was issued ignoring the ban W.P.(C).No.29648 OF 2010 2 issued by the State Election Commission need not be considered in these circumstances. 3. It is contended by the petitioners that Ext.P1 order of transfer is in violation of the guidelines issued by the Government in the matter of transfer. Ext.P2 transfer norms(G.O.(MS) No.7/2009/G.Edn. dated 16.1.2009) were subsequently modified as per Ext.P3 (G.O.(MS) No.101/2010/G.Edn. Dated 24.6.2010) and the transfers were effected without reference to Ext.P3. It is also stated that many of the petitioners are on the verge of retirement. 4. The petitioners have submitted Exts.P4 to P7 representations before the second respondent for reconsidering their transfer in the light of the facts stated in the representations. Exts.P4 to P7 have not been disposed of. Since the second respondent has not considered the representations and since the transfer order has been kept in W.P.(C).No.29648 OF 2010 3 abeyance, I am of the view that the Writ Petition can be disposed of directing the second respondent to consider and dispose of Exts.P4 to P7 as expeditiously as possible and at any rate before the implementation of Exhibit P1. The petitioners waive any right to be heard in the matter since urgent orders are to be issued by the second respondent, after considering the representations submitted by the petitioners. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms