IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 35242 of 2008(U) ------------------------------------ PETITIONER(S): ---------------------- MINIMOLE.P.B, H.S.A.(ENGLISH),G.V.H.S.S. NANDIKKARA, THRISSUR DISTRICT. BY ADV. MR.M.SASINDRAN RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA-REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.RAMANI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35242/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION FOR INTER- DISTRICT TRANSFER DT. 15.2.08. P2:- COPY OF THE GO(P) 12/04/P& ARD DT. 10.9.04. P3:- COPY OF THE JUDGMENT IN WPC. 22605/05. P4:- COPY OF THE ORDER NO.A1/15846/05 DT. 30.9.05. P5:- COPY OF THE GO(MS) 144/05/GE DT. 7.5.05. P6:- COPY OF THE JUDGMENT DT. 9.6.08 IN WPC. 6254/08. P7;- COPY OF THE ORDER DT. 25.6.08 ISSUED BY THEIST RESPONDENT. P8:- COPY OF THE REQUEST DT. 24.10.08 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT P9:- COPY OF THE REPLY DT. 13.11.08 FURNISHED TO THE EXT.P8 REQUEST. P10:- COPY OF THE JUDGMENT DT. 4.12.03 IN OP. 8060/02. P11:- COPY OF THE CERTIFICATE ISSUED FROM THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.35242 of 2008 ===================== Dated this the 5th day of March, 2009. JUDGMENT Heard Sri. M.Sasindran, the learned counsel appearing for the petitioner and Smt. T.B. Remani, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as H.S.A. (English) in G.V.H.S.S., Nandikkara in Thrissur District. She entered service in the year 2003 on advice by the Kerala Public Service Commission. After completing five years of service, she moved the Deputy Director of Education, Thrissur by submitting Ext.P1 application seeking inter district transfer to Thiruvananthapuram District. That application was not forwarded by the Deputy Director of Education, Thrissur to the Deputy Director of Education, Thiruvananthapuram. The petitioner thereupon filed W.P.(C) No.6254 of 2008 in this Court. By Ext.P6 judgment delivered on 9.6.2008, this Court directed the Deputy Director of Education, Thrissur to forward the application for inter district transfer submitted by the petitioner to the Deputy Director of Education, Thiruvananthapuram. As directed by this Court, the District Educational Officer, Thrissur forwarded the application to the Deputy Director of Education, Thiruvananthapuram. By Ext.P7 order passed on 25.6.2008, the Deputy Director of Education, Thiruvananthapuram declined the WP(C) 35242/08 -: 2 :- petitioner's request for inter district transfer on the short ground that she has not submitted an undertaking as stipulated in G.O.(MS) No.94/2003/G.Edn. dated 23.4.2003. Ext.P7 is under challenge in this Writ Petition. 3. The petitioner contends that the stipulation in G.O.(MS) No.94/2003/G.Edn. dated 23.4.2003 (a copy of which is produced as Ext.P12 along with the reply affidavit) does not at all apply to or govern inter district transfers in cases of persons who have completed more than five years of service and that the said Government order applies only to those who seek inter district transfer before completing five years of service. The petitioner contends that Ext.P7 is therefore not sustainable in law and is liable to be set aside. The respondents have filed a counter affidavit resisting the Writ Petition reiterating the stand taken by the Deputy Director of Education, Thiruvananthapuram in Ext.P7. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. From the pleadings and the materials on record, it is evident that the petitioner's request for inter district transfer to Thiruvananthapuram has been rejected relying on Ext.P12 Government order. Since the dispute centres round the applicability of Ext.P12 Government order, I shall extract the said order in full. ''1. As per the Government order read as 1st paper WP(C) 35242/08 -: 3 :- above, inter-district transfer to teachers could be allowed only after the completion of 3 years service in the district of recruitment. As per the Government order read as 2nd paper above, the service required for getting inter-district transfer has been enhanced to 5 years. 2. As per the Government order read as 3rd, 4th and 5th paper above the condition has been relaxed in respect of transfers to districts of Kasaragod, Wayanad, Idukki and Attappadi in Palakkad District in addition to the relaxation available in respect of relatives of Jawans. 3. The Director of Public Instruction in his letter read as 6th paper above has brought to the notice of Government, the acute shortage of Government School teachers in difficult areas including Kuttanadu and has requested to relax the 5 year rule for inter-district transfer in the case of teachers who are willing to work for a minimum period 5 years in remote/forest/tribal areas. 4. The Secretary, Kerala Public Service Commission in his letter read above has agreed to the proposal subject to obtaining willingness/undertaking from teachers concerned to serve in the difficult areas for minimum period of 5 years. 5. Government have examined the matter in detail and are pleased to order that the stipulation of completion of 5 years service in the District in which first appointments is got, for getting inter district transfer is dispensed with in the case of teachers who aspire to get transfer to the difficult areas as enlisted in the appendix to this Government order, subject to obtaining their willingness/ undertaking to work in such difficult areas for a minimum period of 5 years.” WP(C) 35242/08 -: 4 :- 5. Ext.P12 Government order states that the stipulation regarding completion of five years of service in the district in which the first appointment is got for getting inter district transfer is dispensed with in the case of teachers who aspire to get transfer to difficult areas enlisted in the appendix, subject to obtaining their undertaking to work in such difficult areas for a minimum period of five years. On a plain reading of Ext.P12, it is evident that what the Government intended to do by issuing Ext.P12 was to dispense with the stipulation regarding completion of five years of service, if teachers are willing to work in difficult areas specified in the schedule to the said Government order. Ext.P12 does not in express terms stipulate that even teachers who have completed five years of service should express willingness to serve in difficult areas prescribed in the schedule to the Government order to be eligible for inter district transfer. The petitioner had admittedly completed five years of service when the application for inter district transfer was submitted. Therefore, the reliance placed by the Deputy Director of Education on Ext.P12 order to decline the petitioner's request is misconceived and cannot be sustained. Ext.P7 is therefore liable to be quashed. Apart from relying on Ext.P12 Government order, no other reason has been stated in Ext.P7 to reject the petitioner's request. 4. In the result, Ext.P7 is quashed and the Deputy Director of Education, Thiruvananthapuram is directed to pass fresh orders on the petitioner's application for inter district transfer without reference to WP(C) 35242/08 -: 5 :- Ext.P12 Government order. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment. P.N.Ravindran, Judge. ess 17/3