IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 23230 of 2008(M) ------------------------------------ PETITIONER : ---------------- ASWATHY V. LOWER DIVISION CLERK, KERALA POLICE ACADEMY, RAMAVARMAPURAM, THRISSUR. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS : ------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE (KERALA) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF POLICE ACADEMY, KERALA POLICE ACADEMY, RAMAVARMAPURAM, THRISSUR. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF EDUCATION, THGRISSUR. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23230 of 2008(M) APPENDIX PETITIONER'S EXHIBITS : EXT.P1:- TRUE COPY OF THE ADVICE MEMO DATED 17.03.2006 ISSUED TO THE PETITIONER BY THE KERALA PUBLIC SERVICE COMMISSION EXT.P2:- TRUE COPY OF THE ORDER DATED 28.03.2006 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT EXT.P3:- TRUE COPY OF THE COMMUNICATION DATED 01.01.2008 OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT EXT.P4:- TRUE COPY OF THE COMMUNICATION DATED 22.01.2008 OF THE 2ND RESPONDENT TO 4TH RESPONDENT EXT.P5:- TRUE COPY OF THE COMMUNICATION DATED 08.02.2008 OF THE 4TH RESPONDENT TO THE 5TH RESPONDENT EXT.P6:- TRUE COPY OF THE ORDER DATED 11.07.2008 OF THE 5TH RESPONDENT APPOINTING THE PETITIONER AS L.D.CLERK IN GOVERNMENT HIGHER SECONDARY SCHOOL, THANNYAM, THRISSUR EXT.P7:- TRUE COPY OF THE ORDER DATED 02.01.1961 OF THE GOVERNMENT EXT.P8:- TRUE COPY OF THE ORDER DATED 10.02.1962 OF THE GOVERNMENT EXT.P9:- TRUE COPY OF THE ORDER DATED 21.10.1969 OF THE GOVERNMENT EXT.P10:- TRUE COPY OF THE ORDER DATED 27.05.1971 OF THE GOVERNMENT RESPONDENTS EXHIBITS : EXT.R3(a):- TRUE COPY OF LETTER NO.39035/H2/2007/HOME DATED 04.03.2008 EXT.R3(b):- TRUE COPY OF G.O.(RT)NO.739/08/HOME DATED 06.03.2008 EXT.R3(c):- TRUE COPY OF TRANSFER ORDER DATED 11.07.2008 BY ADMN.ASST.OFFICE OF D D E EXT.R3(d):- TRUE COPY OF JOINING REPORT BY PETITIONER EXT.R3(e):- TRUE COPY OF REQUEST OF THE PETITIONER TO RELIEVE FROM DUTY -TRUE COPY- P.A. TO JUDGE pac P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.23230 of 2008 -------------------------- Dated this the 22nd August, 2008 J U D G M E N T The petitioner was advised for appointment as L.D Clerk in the Police Department by the Kerala Public Service Commission as per Exhibit P1 advice memo dated 17.3.2006.. She was appointed as L.D Clerk in the Kerala Police Academy Trissur as per Exhibit P2 order dated 28.3.2006. Thereafter, the petitioner applied to the Director General of Police requesting for an interdepartmental transfer to the Education Department. The application was submitted to the Director, Kerala Police Academy who in turn forwarded it to the Director General of Police along with Exhibit P3 letter dated 1.1.2008. The Director General of Police in turn forwarded the application to the Director of Public Instruction along with Ext.P4 letter dated 22.1.2008. The Director of Public Instruction in turn forwarded the application to the Deputy Director of Education, Trissur W.P ( C) No.23230 of 2008 2 the authority competent to appoint L.D Clerks in the Education Department. By Exhibit P6 proceedings dated 11.7.2008, the Deputy Director of Education, Thrissur accepted the petitioner's application and appointed her as L.D Clerk in Government Higher Secondary School at Thannyam. Since the petitioner was not relieved from the Kerala Police Academy, she filed this writ petition seeking the following reliefs: “a. Issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to relieve the petitioner forthwith from the post of L.D Clerk in the Kerala Police Academy, Ramavarmapuram, Thrissur so as to enable her to join duty as L.D Clerk in Government Higher Secondary School, Thannyam pursuant to Ext.P6 order. b. Declare that inter departmental transfer given to the petitioner as per Ext.P6 is perfectly legal and valid.” 2. The petitioner contends that as the request for inter-departmental transfer was made through the proper channel and as the appointing authority has issued Exhibit P6 order appointing her as L.D Clerk in the Education Department, respondents 1 to 3 are not justified in not W.P ( C) No.23230 of 2008 3 relieving her from the Kerala Police Academy. The third respondent, the Director of Kerala Police Academy has filed a counter affidavit resisting the writ petition. It is contended that as the petitioner did not have five years of service, she was not entitled to seek or obtain appointment by interdepartmental transfer. Yet another contention raised is that the petitioner had availed leave without allowances on medical grounds for a period of 143 days from 11.8.2006 to 31.12.2006 and that while sanctioning the leave, the Government had in Exhibit R3 (b) order dated 6.3.2008, ordered that the sanctioning of the leave will be subject to the Director General of Police being satisfied about the genuineness of the medical certificates produced by the petitioner and also subject to the condition that the leave period will count for increment, seniority/promotion, higher grade, pension and accumulation of half pay leave but not for accumulation of earned leave. It is contended that the Director General of Police has not yet examined the genuineness of the medical certificates and before that is done, the petitioner cannot W.P ( C) No.23230 of 2008 4 be relieved. Yet another contention raised is that before the petitioner can be relieved she will have to clear all dues, if any, and obtain a No Objection Certificate from the Director of the Kerala Police Academy. 3. I have heard Sri. Elvin Peter P.J, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. The fact that the petitioner is entitled to interdepartmental transfer and that her application for inter-departmental transfer has been accepted are not seriously in dispute. The stand taken by the respondents 1 to 3 that the petitioner cannot seek inter- departmental transfer within five years is not tenable. The said restriction applies only for inter-district transfer. Therefore, there is no merit in the contention raised by the respondents that the petitioner is not entitled to go over to the Education Department, within a period of five years after her appointment as L.D Clerk in the Police Department. As regards the second objection that the Director General of Police is yet to complete the verification W.P ( C) No.23230 of 2008 5 of the medical certificates produced by the petitioner, the learned Government Pleader submits that the Director General of Police has directed the Director of the Kerala Police Academy to verify the genuineness of the medical certificates and that the verification will be completed within two weeks from today. The learned counsel for the petitioner submits that the petitioner will co-operate with the verification. That being the situation, the said factor also need not stand in the way of petitioner being relieved. The third submission is that the petitioner has to obtain clearance from all sections of the Kerala Police Academy and a No Objection Certificate from the Director before she is relieved to take up employment as L.D Clerk pursuant to Exhibit P6. The learned counsel for the petitioner submits that the petitioner is willing to clear the dues, if any, to the Kerala Police Academy before she is relieved from the Kerala Police Academy. The learned counsel for the petitioner submitted that the Director of Police Academy may instruct the various Section Officers in the Kerala Police Academy to ascertain and inform the W.P ( C) No.23230 of 2008 6 petitioner whether any amount is due from her and that on being informed of the same, the petitioner shall within a week thereafter clear the dues . Such being the situation, I dispose of this writ petition with the following directions. i) The Director, Kerala Police Academy shall complete the verification of the medical certificates referred to in Exhibit R3(b) within two weeks from today. The petitioner shall co-operate with the verification. ii) The Director, Kerala Police Academy shall inform all Section Officers in the various sections of the Kerala Police Academy to inform the petitioner in writing as to whether any amount is due from her. This shall be done within ten days from today. iii) The petitioner shall within one week thereafter pay the amounts , if any, due from her to the Kerala Police Academy. iv) On such payment being made, the Director, Kerala Police Academy shall forthwith issue a No Objection Certification/No Liability Certificate and shall also simultaneously issue orders relieving the petitioner from W.P ( C) No.23230 of 2008 7 the post of L.D Clerk in the Kerala Police Academy, Thrissur. v) Respondents 4 and 5 shall permit the petitioner to join duty as L.D Clerk in Government. Higher Secondary School, Thannyam, upon her being relieved from the Kerala Police Academy without insisting on grant of extension of joining time. The Government shall on the basis of the report submitted by the Director General of Police and the Director of Kerala Police Academy, regularize the leave granted to the petitioner as per Exhibit R3 (b), if the medical certificates are found to be genuine. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.23230 of 2008 8 W.P ( C) No.23230 of 2008 9