Back
1996 Supreme(Ker) 318
Judges : C.S.RAJAN
Valsa - Appellant
Versus
State of Kerala - Respondent
Case No : O.P. Nos. 11929 & 13135 of 1996
Decided On : 09/18/1996
Advocates Appeared :
N. Sugathan & Abraham Vakkanal For Petitioners Government Pleader (P.V. Asha) For Respondents
The main legal point established in the judgment is that the principles of transfer under R.10 of Chapter XIV-A of KER, including the seniority criterion and exceptions, are applicable to the transfer of teachers from one school to another.
Headnote:
Transfer - Teacher Transfer Dispute - Chapter XIV-A KER - R.10
Fact of the Case:
The case involved a dispute between two teachers regarding their transfer from one school to another under the management of a corporate entity. The petitioners argued that the transfer orders were illegal due to a wrong interpretation of R.10 of Chapter XIV-A of KER.
Finding of the Court:
The court found that the principles enumerated in R.10 of Chapter XIV-A of KER, including the criterion for transfer and exceptions to the seniority criterion, were applicable to the transfer of teachers from one school to another.
Issues: The main issue was the interpretation of R.10 of Chapter XIV-A of KER and its applicability to the transfer of teachers.
Ratio Decidendi: The court held that the principles of transfer under R.10, including the seniority criterion and exceptions, were relevant to the transfer of teachers and not just headmasters.
Final Decision: The court dismissed one Original Petition and issued a direction in the other to implement the transfer order. It also advised the authorities to take action against disobedience of the orders.
C.S. Rajan, J.
These two Original Petitions involve common questions and the parties are also the same. Therefore, these two Original Petitions are disposed of by a common judgment. The reference to the parties and exhibits in this judgment will be with reference to the parties in O.P.No. 13135/96.
2. The petitioners working as Needle Work teacher in one of the Schools belonging, to the third respondent, a Corporate management. According to the petitioner, she has approved continuous service in the School from 16.6.81 onwards. She was first posted in SNDP Higher Secondary School, Udayamperoor. On 24.5.86, she was transferred to SNDP High School, Muttathukonam. As per order dated. 2.3.87 she was reported to SNDP Higher Secondary School, Udayamperoor. The 3rd respondent by order dated 19.5.93 transferred the petitioner to SNV High School, Anad. Later by order dated 20.5.95 (Ext. P1), the third respondent transferred her to Udayamperoor. By the same order, the 4th respondent was transferred from Udayamperoor to Anad.
3. The 4threspondent filed an appeal against Ext. P1 order to the second respondent on 8.6.95. The above appeal was disposed of by the second respondent as per Ext. P2 order dated. 28.8.95 holding that the 4th respondent is entitled to be retained at Udayamperoor in accordance with her seniority as laid down in R.10 of Chap. XIV-A KER. The petitioner filed a revision against Ext. P2 before the respondent (Ext. P3). The above revision was rejected by the first respondent confirming Ext. P2 as per Ext. P4 order dt. 17.6.1996. Ext. P4 is under challenge in this Original Petition.
4. O.P. No. 11929/96 has been tiled by the 4th respondent praying for a direction to respondents 1 to 3 to implement Ext. P2 order and also to initiate action against the third respondent under R.7 of Chap. Ill KER for failure to implement Ext. P2 order. According to the 4th respondent, she commenced her service on 7.6.78 in SNDP High School, Aluva. As per order dt. 24.5.86 (Ext. P1 in OP. 11929/96), the post of lower grade Sewing Teacher in SNDP High School, Muttathukonam, where the 4th respondent was working was abolished and the 4th respondent who was a regular teacher was transferred to Udayamperoor with effect from 1.12.1985. Consequently, the petitioner, being the junior most hand was given protection and was allowed to continue in Udayamperoor school. In the year 1995, there was no open vacancy of Needle Work Teacher in the Udayamperoor school. Therefore, the 4th respondent was ordered to be transferred to Anad and in her place the petitioner was brought back to Udayamperoor. (Ext. P2 in OP 11929/96). Against the above order, the 4th respondent filed an appeal which was allowed by the second respondent and was confirmed in revision by the first respondent by the impugned order. The 4th respondent filed the Original Petition because the orders passed by respondents 1 and 2 were not implemented by the third respondent.
5. Sri. N. Sugathan, learned counsel for the petitioner, argued that Exts. P2 and P4 are illegal because they proceeded on a wrong interpretation of R.10 of Chapter XIV-A of KER which reads as follows:
"10 Transfers: - Where more than one school is under the same educational agency, the educational agency may transfer any teacher from one school to another and in deciding on these transfers the principles followed in Government Schools shall be observed to the extent possible. The principles of transfer shall be as follows:
(1) The chief and foremost criterion for transfer of Headmaster shall be the seniority.
(2) Every Headmaster shall be allowed to exercise choices of 3 or more schools.
(3) Exceptions to the seniority criterion shall be the bare minimum. Exception shall include close relatives of Jawans, intercast marriage, physically handicapped, other grounds to special consideration, compassionate grounds, persons who have only one year of service left for retirement etc.
(4) Cases coming under administrative interes
