IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 13896 of 2011(J) -------------------------- PETITIONER: ----------------- 1. FAZIL.N.S., NON VOCATIONAL TEACHER IN GENERAL FOUNDATION COURSE (JR.), GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, CHUNAKKARA, ALAPPUZHA DISTRICT. PERMANENTLY RESIDING AT NELLICODE KALAM, MOOLAMCODE POST, PALAKKAD-678 684. 2. SAJEESH.C.S., NON VOCATIONAL TEACHER IN GENERAL FOUNDATION COURSE (JR.), GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, PATTAZHI, KOLLAM. PERMANENTLY RESIDING AT CHOOLAKKAL HOUSE, MADAVANA.P.O., KODUNGALLUR, THRISSUR.680 666. BY ADVS. SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, DIRECTORATE, VOCATIONAL HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM. 695 001. 3. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, AYYANTHOLE, THRISSUR DISTRICT. 680 003. 4. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, NANDIKARA, THRISSUR DISTRICT. 680 301. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, ALONG WITH WPC NO. 14065 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13896 of 2011(J) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT. P1. COPY OF APPOINTMENT ORDER OF 1ST PETITIONER EXT. P1(A). COPY OF APPOINTMENT ORDERS OF 2ND PETITIONER. EXT.P2. COPY OF INTERIM ORDER IN WPC 34112/2009 AND CONNECTED CASES EXT.P3. COPY OF THE ORDER NO.E4/16653/2010 DATED TVM.16.8.2010 EXT.P4. COPY OF REPRESENTATION DATED 17.2.2011 OF 1ST PETITIONER TO 2ND RESPONDENT. EXT.P4 (A). COPY OF PRINCIPAL'S FORWARDIG LETTER DATED 17.2.2011 TO 2ND RESPONDENT. EXT.P5. COPY OF LETTER DATED 18.2.2011 SHOWING THE VACANCY OF NON- VOCATIONAL TEACHER IN GFC (JR) IN GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, AYYANTHOLE. EXT.P6. COPY OF REPRESETATION DATED 9.5.2011 MADE BY 2ND PETITIONER BEFORE 2ND RESPONDENT. EXT.P7. COPY OF G.O. (P) NO.77/2010/GEN. EDU. DATED 22.5.2010. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.13896/2011-J & 14065/2011-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2011. JUDGMENT Both these writ petitions are filed by the Non Vocational Teacher in General Foundation Course (Jr). The petitioners are requiring transfer to home stations and they rely upon the Government Order Ext.P7 produced in W.P.(C) No.13896/2011 to contend that if existing vacancies are there, the applications of persons requiring transfer will be considered before filling up the vacancies by rank holder through Public Service Commission. 2. Learned Govt. Pleader submitted that as far as W.P.(C) No.13896/2011 is concerned, the petitioners are senior persons and their request for transfer will be considered at the time of general transfer. It is pointed out that at the time of issuance of notification for general transfer, the petitioners can submit their applications and they will be considered duly in terms of the seniority. It is also submitted that the normal process of selection is to submit application by on line transfer system. 3. As far as W.P.(C) No.14065/2011 is concerned, the petitioners are not sufficiently senior in the department and they have joined service only in January 2011 and February, 2011. The petitioners also will be free to wpc 13896/2011 2 make application for transfer at the time of issuance of notification for general transfer and they will be considered in accordance with the rules and norms along with the applications to be submitted by other persons who may require transfer. The writ petitions are disposed of with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/