IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24378 of 2008(B)
1. RANI A.K., W/O.FRANCIS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. RAMLA K.M., TEACHER GLPS,
For Petitioner :SRI.C.S.MANILAL
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :30/10/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.24378 OF 2008
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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