IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10639 of 2009(Y) ------------------------------------ PETITIONER(S): ----------------------- S.KRISHNAKUMAR, HSA (MATHS), D.B.H.S.S., THIRUVALLA, RESIDING AT MULLACKAL HOUSE, THAZHATHUVADAKARA P.O., KANGAZHA, KOTTAYAM DISTRICT 686 541. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 4. THE TRAVANCORE DEVASWOM BOARD, NANDANKODU P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 5. M.SURESH, HSA (MATHS), D.B.H.S KANGAZHA, KOTTAYAM DISTRICT. GOVT. PLEADER SRI. A.J. VARGHESE, MR. P.N. VENUGOPALA PANICKER SC FOR TDB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 10639 of 2009-Y ------------------------------ Dated this the 6th day of April, 2009. J U D G M E N T Heard. Sri.M.S.Unnikrishnan, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3 and Sri.P.N.Venugopala Panicker the learned standing counsel appearing for the fourth respondent. 2. The petitioner entered service as UPSA on 1.9.1986 in the school managed by the Travancore Devaswom Board. She was promoted as HSA (Maths) with effect from 1.6.1988. With effect from 1.6.2000, the petitioner is working as HSA (Maths) in D.B Higher Secondary School, Thiruvalla. The fifth respondent entered service as UPSA on 9.8.1994. He was promoted as HSA (Maths) with effect from 30.10.1997. During the academic year 2008-09, the petitioner was working at D.B Higher Secondary School, Thiruvalla and the fifth respondent at D.B.H.S Kanghaza. Before Ext.P9 staff fixation order dated 15.7.2008 for the academic year 2008-09 was issued, the Manager transferred the petitioner to D.B Higher Secondary School, Kanghaza, the fifth respondent to D.B Higher Secondary School, Thiruvalla and also other teachers to various W.P(C) No. 10639 of 2009-Y 2 schools as per Ext.P1 order dated 15.7.2008. The District Educational, Kanjirappally declined to approve the petitioner's transfer to Kangazha. The District Educational Officer took the view that there are only two sanctioned posts of HSA (Maths) in D.B H.S, Kanghaza, against which three HSAs (Maths) including the petitioner are working. The District Educational Officer also noticed that there is only one HSA (English) working in the school against two sanctioned posts. The District Educational Officer took the view that the vacancy that arose due to the transfer of the fifth respondent has to be filled up by posting an English teacher. By Ext.P9 staff fixation order for the academic year 2008-09, the District Educational Officer sanctioned only two posts of HSA (Maths) and two posts of HSA (English) in D.B.H.S, Kanghaza. In view of these developments the Manager issued Ext.P2 order dated 18.9.2008 cancelling Ext.P1 order of transfer. 3. The petitioner thereupon moved the management seeking retention in Kangazha. That was rejected by Ext.P3 order dated 30.10.2008. Shortly thereafter the petitioner filed Ext.P6 revision petition before the Government challenging the order W.P(C) No. 10639 of 2009-Y 3 passed by the District Educational Officer, Kanjirappally. The Government rejected the said revision petition by Ext.P7 order which is under challenge in this writ petition, wherein the petitioner prays for a direction to respondents 1 to 4 to give effect to Ext.P1 transfer order posting her as HSA (Maths) in D.B H.S, Kanghaza and the fifth respondent at D.B Higher Secondary School, Thiruvalla. 4. Sri.M.S.Unnikrishnan, the learned counsel appearing for the petitioner relies on the provisions of Rule 6I of Chapter XXIII of the KER and the stipulations in Ext.P8 Government order that appointment of HSA (English) cannot lead to retrenchment of existing High School Assistant in core subjects. The learned counsel for the petitioner contends that Ext.P9 staff fixation order is therefore liable to be interfered with. The pleadings disclose that Ext.P9 staff fixation order for the academic year 2008-09 in relation to the D.B.H.S, Kanghaza, has not been challenged. As per the staff fixation order only two teachers each can be retained in the school as HSA (Maths) and HSA (English). There will be three HSAs in Maths if Ext.P1 is implemented. Therefore, one among them will have to be retrenched. In my opinion, if the petitioner seeks W.P(C) No. 10639 of 2009-Y 4 implementation of Ext.P1, it will have an adverse impact in the service of an other teacher. It was to avoid such a contingency that the manager cancelled Ext.P1. Further the petitioner has not produced the staff fixation order of D.B Higher Secondary School, Thiruvalla. This Court cannot therefore decide whether the fifth respondent can be accommodated as HSA (Maths) as claimed by the petitioner. The petitioner cannot relying on under Rule 6I of Chapter XXIII of the KER and Ext.P8 Government order contend that the Manager should implement Ext.P1 order of transfer ignoring Ext.P9 staff fixation order relating to D.B.H.S, Kanghaza. The writ petition would indicate that the petitioner is not concerned about the adverse impact that Ext.P1 order will have on the service conditions of other teachers. The writ petition is in my opinion without any merit. The petitioner cannot find fault with the Manager for having complied with the staff fixation order. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab