IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 34477 of 2009(D) --------------------------------------- PETITIONER: ------------------- K.R.REGHUNATHAN NAIR, (HEADMASTER, GOVT. SCHOOL FOR THE VISUALLY IMPAIRED), OLASSA P.O., KOTTAYAM) 'PANCHAMAM', TC 18/528/1 (PRA-47), THRIKKANNAPURAM, PUNNAKKAMUGHAL, ARAMADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, D.P.I OFFICE, THIRUVANANTHAPURAM - 14. 3. G.THULASIDHARAN, HEADMASTER, GOVT.SCHOOL FOR THE BLIND, VAZHUTHACAUD, THIRUVANANTHAPURAM - 14. R1 & R2 BY GOVERNMENT PLEADER SMT. NISHA BOSE, R3 BY ADV. SRI.T.A.SHAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, ALONG WITH W.P.(C). NO. 14919 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34477/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE STANDING DISABILITY ASSESSMENT BOARD AT GENERAL HOSPITAL, THIRUVANANTHAPURAM BEARING NO. 5564/06 DTD. 10/07/06. EXT.P.2: COPY OF THE ELECTORAL ID. CARD NO.FVM 1056548 (WITH PHOTOGRAPH). EXT.P.3: COPY OF THE EMPLOYMENT CERTIFICATE ISSUED BY CCDS, TRIVANDRUM. EXT.P.4: COPY OF THE CERTIFICATE DTD. 18/08/2009 ISSUED BY THE PRINCIPAL OF CENTRAL POLYTECHNIC COLLEGE, THIRUVANANTHAPURAM. EXT.P.5: COPY OF THE SENIORITY LIST PUBLISHED BY D P I DURING 2003. EXT.P.6: COPY OF THE ORDER NO. G.O.MS/198/7/G. EDN. DTD. 22/11/79. EXT.P.7: COPY OF THE GOVT. ORDER NO. G.O.(RT).NO.5734/2007/GEN. DTD. 15/12/07. EXT.P.8: COPY OF THE ORDER NO.D5/88537/2007/DPI DTD. 17/01/2008 PRODUCED. EXT.P.9: COPY OF THE APPLICATION DTD. 16/04/2008 SUBMITTED BEFORE THE GOVT. BY THE PETITIONER. EXT.P.10: COPY OF THE APPLICATION DTD. 09/06/2008 SUBMITTED BY THE PETITIONER. EXT.P.11: COPY OF THE ORDER NO. D5/41156/08/DPI DTD. 13/10/08. EXT.P.12: COPY OF THE JUDGMENT IN W.P.(C).NO.23701. EXT.P.13: COPY OF THE CIRCULAR NO. 130558/SDI/82/GAD DTD. 10/03/1983. EXT.P1.4: COPY OF THE APPLICATION DTD. 18/08/2009 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.34477 OF 2009 & 14919 OF 2011 --------------------------------------- Dated this the 19th day of July, 2011. J U D G M E N T The petitioners respectively in these writ petitions are Headmasters of Blind Schools. They themselves have 100% disability. 2. W.P.(C) No.34477/2009 is filed seeking for a direction to consider the petitioner's claim for transfer to Government School for the Blind at Thiruvananthapuram. The petitioner, at the time of filing of the writ petition, was working as Headmaster of the Government School for the Visually Impaired at Kottayam. The petitioner has also challenged Ext.P11 communication issued therein dated 13.10.2008 informing him that there is no vacancy in the post of Headmaster in the Government School for the Blind, Thiruvananthapuram presently. It is during the pendency of the said writ petition that the petitioner therein is transferred as Headmaster of the Government School for Blind, Thiruvananthapuram as per Ext.P8 order produced in W.P.(C) No.34477/09 & 14919/11 2 W.P.(C)No.14919/2011 which is under challenge by the petitioner therein. Since the main issue has to be considered in W.P.(C) No.14919/2011, the pleadings as contained therein will be relevant. 3. The petitioner in W.P.(C) No.14919/2011 is having 100% disability. It is pointed out that his wife is also visually challenged with 100% disability. The petitioner is a native of Kottarakkara and he is residing in the Headmaster's quarters of the school at Thiruvananthapuram in the very same compound. The petitioner has two children who are studying in 6th and 9th standards at Thirumala A.M.School, Thiruvananthapuram. It is also pointed out that another child of the petitioner's brother-in- law is also residing with the petitioner and she is studying in Mar Evaniose College, Thiruvananthapuram. 4. Initially, as per his request the petitioner in W.P.(C) No. 14919/2011 was transferred and posted in the Government School for the Blind, Thiruvananthapuram as per Ext.P4 order dated 13.07.2006. In the year 2008, the petitioner in W.P.(C)No.34477/2009 requested for a transfer to W.P.(C) No.34477/09 & 14919/11 3 Thiruvananthapuram and therefore, the petitioner in W.P.(C)No.14919/2011 approached this Court by filing W.P.(C)No.23701/2008 which was disposed of by Ext.P6 judgment. This Court directed the 2nd respondent therein to consider the representation before deciding the question whether the petitioner is to be transferred out from the Government School for the Blind, Thiruvananthapuram. It was also directed therein that the petitioner and the 3rd respondent would be free to put forward all their respective contentions before the 2nd respondent in support of their respective claims. 5. Mainly it is pointed out by the learned counsel for the petitioner in W.P.(C) No.14919/2011 Sri.T.A. Shaji that while issuing Ext.P8 order, the directions issued by this Court in Ext.P6 judgment were not considered. The order of transfer is issued on the request of the 3rd respondent. Accordingly, it is contended that it is totally arbitrary. It is also pointed out that the 3rd respondent assumed charge on 01.06.2011. 6. Learned counsel for the 3rd respondent Sri.K.P.Rajeevan submitted that the directions issued by this Court in Ext.P6 W.P.(C) No.34477/09 & 14919/11 4 judgment are not relevant at this stage since in the year 2008, the application submitted by the 3rd respondent for a transfer was rejected by the 2nd respondent as per Ext.P7 communication produced in W.P.(C) No.14919/2011. By way of Ext.P12 communication, the petitioner in the writ petition was also informed about the matter. Both the parties are seeking for retention in Thiruvananthapuram based on their personal problems. 7. It is the case of the petitioner in W.P.(C) No.14919/2011 that he cannot move out without the help of anybody and his wife is also 100% blind. It is pointed out that these factors ought to have been considered for retaining them in Thiruvananthapuram. The same is disputed by the learned counsel for the 3rd respondent. According to the 3rd respondent, he is also a blind man and the petitioner has completed more than five years in Thiruvananthapuram. 8. One of the pleas raised by the petitioner in W.P.(C) No.14919/2011 is that the 3rd respondent is not qualified for promotion as Headmaster which is stoutly disputed by the W.P.(C) No.34477/09 & 14919/11 5 learned counsel for the 3rd respondent. It is also pointed out that he has got special qualifications for teaching blind. Evidently, the order of transfer is issued by the 2nd respondent herein. The 3rd respondent has already joined the transferred station namely, at Thiruvananthapuram. The petitioner in W.P.(C) No.14919/ 2011 is continuing on leave. Even though he has joined at Kottayam, he has availed leave. It is upto the petitioner in W.P.(C) No.14919/2011 to file an appeal against the order of transfer as he is aggrieved by the same. 9. Learned counsel for the petitioner in W.P.(C) No.14919/ 2011 submitted that the petitioner has already moved the 2nd respondent itself. Since the 2nd respondent has issued the impugned order, it is only proper that the petitioner moves the Government itself. Therefore, these writ petitions are disposed of with the following direction: If the petitioner in W.P.(C)No.14919/2011 files an appeal/representation along with a copy of this judgment before the Government within a period of two weeks from today, the W.P.(C) No.34477/09 & 14919/11 6 same will be considered by the Government, after hearing both parties, and appropriate decision will be taken at the earliest, at any rate, within a period of one month from the date of receipt of the appeal/representation. The parties are free to raise all their contentions before the Government. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp