IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17430 of 2008(Y)
1. SHIBU ,
... Petitioner
2. NISANTH MOHAN.M.
3. GIREESAN.A.
4. VIJAY KUMAR.C.R
5. BIJU S.S.
6. VENTITAMOORTHY.K.
7. PRIYAU.,
8. SURESHKRISHNAN.K.L.
9. SUBASH KRISHNAN.K.
10. RAJKUMAR K.K.
Vs
1. THE STATE OF KERALA REPRESENTED TO
... Respondent
2. THE DIRECTOR HIGHER SECONDARY EDUCATION
3. VENUGOPALAN M.G.
For Petitioner :DR.K.P.KYLASANATHA PILLAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/07/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 17430 OF 2008
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Dated this the 10th July, 2008
JUDGMENT
The petitioners are Higher Secondary School Teachers working in
various schools in Kottayam, Idukki, Alappuzha, Kollam and
Pathanamthitta Districts. The grievance voiced by the petitioners is that
though a policy was evolved by the Government for transfer of Higher
Secondary School Teachers as evidenced by Ext.P4, the same has not
been implemented during this academic year and that the teachers are
compelled to make separate applications for transfer in spite of the fact
that they had submitted applications earlier on the basis of Ext.P4
guidelines.
2. It is stated that the second respondent, the head of the
department, used to call applications prior to each general transfer and
that the petitioners used to submit applications in the prescribed form right
from 2005 onwards, seeking transfer to their native District, namely,
Thiruvananthapuram District. It is pointed out that as per clauses 4, 5, 18
and 19 of Ext.P4 guidelines, the petitioners are eligible for transfer to
Thiruvananthapuram District as they have completed more than three
years’ service in outstation. It is pointed out that they came across a news
item wherein it is stated that in spite of the applications already submitted,
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persons like the petitioners have to make another application for transfer.
It is also stated that in the new proforma the petitioners have submitted
fresh applications for transfer.
3. The reliefs prayed for in the Writ Petition are the following:
“i) To issue a writ of mandamus or any other writ or
order directing the 1st and 2nd respondents to
implement transfer of Higher Secondary School
Teachers as per guidelines Ext.P4(a).
ii) To issue a writ of mandamus or any other writ or
order directing the 2nd respondent to give transfer to
Public Service Commission appointed Higher
Secondary School Teachers (Geography) to the
native district.
iii) To issue a writ of mandamus or any other writ or
order directing the 1st respondent to consider Ext.P8
after hearing the petitioners.”
4. A counter affidavit has been filed on behalf of the first
respondent wherein it is stated thus:
“6. It is submitted that the petitioners argument that in
the absence of Special guidelines prescribed for a
department the general guidelines for transfer of employees
issued by Government then and there is to be followed is
correct. But since these General guidelines cannot be
followed in toto in this department, the Director has
convened a meeting of the representatives of all the
recognized teachers organizations and framed transfer
norms and the same have been ratified by Government as
per Ext.P4 letter. Later as per letter
No.27961/U1/08/Gl.Edn., dated 15.5.2008 Government
have directed the Director to do the transfer as done in theW.P.(C) NO.17430 OF 2008 Y
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previous year (as per seniority(, as Government have to
review the Ext.P4 guidelines on the basis of complaints
received from Teacher’s Organization. It is in the light of the
above direction that the Director invited fresh application
from Teachers for transfer.
7. It is submitted that the Director calls application for
general transfer during the February every year. All the
teachers who have entitlement for transfer are given transfer
depending upon their eligibility and availability of vacancies.
The petitioners were not given transfer earlier as they have
no entitlement for transfer since they are far junior in Higher
Secondary Education Service.
8. It is also submitted that out of total 90
H.S.S.Teachers in Georgraphy posted on 10.1.2005, 45
were from Thiruvananthapuram District and 35 were from
Palakkad district and the teachers in the said subject are
spread all over the State. Hence all H.S.S.Teachers in
Geography cannot be accommodated in their Home station
at a time. It is further submitted that the Exhibit P4 is only a
Government letter and not at all a Government Order or
Circular regulating the norms for transfer.”
It is also stated in the counter affidavit that a review of Ext.P4 norms is
required after discussions with the teachers’ organizations. Therefore,
the Government directed that transfers shall be made as per the norms
which were being followed in the previous years. It is stated in the
counter that the transfer of teachers will be done strictly as per the norms
followed in 2007-08, which is marked as Ext.R1(a) in the counter affidavit.
It is stated that a provisional transfer order will be published on
departmental web site and complaints could be entertained from
teachers. Transparency would be ensured, it is stated in the counter.
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5. In view of the submission that Ext.P4 guidelines have not been
implemented and the Government having stated that the matter is being
looked into afresh and the norms as available in 2007-08 would be
adhered to strictly, the only relief that can be granted to the petitioners is
to permit them to approach the second respondent (Director of Higher
Secondary Education), pointing out their individual grievances. The
petitioners would be free to make detailed representations to the second
respondent requesting for transfer in the light of the relevant criteria which
are being followed. On receipt of such representations, the second
respondent shall consider the grievance voiced by the petitioners and take
appropriate decision in the matter. The petitioners would be entitled to
produce such other materials and documents as are relevant before the
second respondent. If and when such representations are received by the
second respondent, they shall be disposed of without delay and, at any
rate, within a period of one month from the date of receipt of such
representations. It is made clear that I have not considered the merits of
the claim made by the petitioners.
6. There is merit in the submission of the petitioners that proper
guidelines should be framed for transfers of Higher Secondary School
Teachers so that there will be uniform standard applicable to all. Though
Ext.P4 guidelines have been framed, the same has not been implemented
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on the request made by a service organization. The Government shall
finalize the guidelines expeditiously so that the guidelines can be applied
for the general transfer from the next academic year onwards.
The Writ Petition is disposed of as above.
(K.T.SANKARAN)
Judge
ahz/