IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 24378 of 2008(B) -------------------------------- PETITIONER: -------------- RANI A.K., W/O.FRANCIS, KULLAPALLIL HOUSE, CHEENIKUZHI, THODUPUZHA. BY MR.C.S.MANILAL, ADVOCATE. MR.S.NIDHEESH, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. 3. RAMLA K.M., TEACHER GLPS, KUMARAMANGALAM. BY MS. T.B. REMANI, GOVERNMENT PLEADER FOR R1-R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24378/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE TRANSFER OF THE PETITIONER. EXT. P2 : COPY OF the ORDER OF THE R2. EXT. P3 : COPY OF THE GOVERNMENT ORDER G.O.(MS) No.152/84/G.EDN. DTD. 07.08.1984. EXT. P4 : COPY OF THE INFORMATION GIVEN BY THE PUBLIC INFORMATION OFFICER, ATTACH TO THE OFFICE OF R2. EXT. P5 : COPY OF LETTER DTD. 27.8.08. EXT. P6 : COPY OF REQUEST DTD. 16.2.09 MADE BY R3. 2ND RESPONDENT'S EXHIBITS: EXT. R2(a) : COPY OF LIST OF TEACHERS APPLIED FOR TRANSFER TO GHS, THATTAKUZHA. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24378 OF 2008 --------------------------------------- Dated this the 30th day of October, 2009. J U D G M E N T The petitioner is challenging Exhibit P2 order by which she has been transferred from G.H.S.Thattakuzha to G.H.S Poomala. 2. The petitioner is a P.D. Teacher (Malayalam) appointed by the Government on regular basis. She was originally working as U.P.S.A in the Government High School, Mullaringadu for the last few years. By Exhibit P1, the petitioner was transferred from G.H.S Mullaringadu to G.H.S Thattakuzha. Again by Exhibit P2, the petitioner stands transferred from G.H.S. Thattakuzha to G.H.S Poomala by the Deputy Director of Education. 3. The petitioner contends that the order of transfer issued to her as per Exhibit P1 is sought to be modified by Exhibit P2 within a period of 20 days. It is also submitted that even though the reason for transfer, as evident from Exhibit P2, is that the same is pursuant to the reduction of post in the staff fixation for the year 2008-2009, the said reason also is not correct. W.P.(C) No.24378/2008 2 4. This Court, by an interim order dated 12.08.2008, granted stay of Exhibit P2 so far as it relates to the petitioner and the interim order stands extended. 5. A reading of Exhibit P2 shows that the 3rd respondent is ordered to be transferred from G.L.P.S Kumaramangalam to G.H.S Thattakuzha wherein the petitioner is working. The 3rd respondent has not chosen to appear and oppose the prayer made by the petitioner in this writ petition. 6. The 2nd respondent has filed a counter affidavit wherein it is stated that the 3rd respondent Smt.Ramla K.M. was the senior most applicant to G.H.S Thattakuzha, who has 21 years and 2 months of service in the District. The petitioner has only 3 years and 4 months of service in the District. The petitioner was transferred as per Exhibit P1 to the promotion vacancy at G.H.S Thattakuzha. But, later the 3rd respondent was transferred during the general transfer. It is also stated that if the 3rd respondent was transferred earlier to G.H.S Thattakuzha, there would not be any vacancy to accommodate the petitioner. It is therefore, submitted that the order of transfer is perfectly legal and valid. W.P.(C) No.24378/2008 3 7. Even though it is stated in the counter affidavit that Exhibit P2 order is passed pursuant to the complaint raised by the 3rd respondent, the 3rd respondent has not appeared before this Court or disputed the claims of the petitioner. The relevant academic year 2008-2009 is already over. It does not appear that the 3rd respondent has raised any claim for a posting this year also. Therefore, the petitioner will be allowed to continue in the present school subject to general transfer during the coming years. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp