IMPORTANT POINT
The main legal point established is that seniority and compassionate grounds, as per the General Transfer norms, should be considered in teacher transfers, entitling the senior teacher to priority for transfer to her first opted station.

JUDGMENT :

Shoba Annamma Eapen, J.

This original petition is filed by the applicant before the Kerala Administrative Tribunal challenging Ext.P3 order of the tribunal dated 25.01.2024 in OA No.1817 of 2023.

2. The petitioner/applicant entered service on 04.02.2004 and was posted at UPS, Kadakkal, Kollam. She filed an application for General Transfer for teachers in the year 2023-24 and was transferred to Anchal GLPS, which was her fifth option. She joined Anchal GLPS on 08.06.2023. While so, a vacancy arose on 26.06.2023 at GLPS, Thevannoor, which was her first option. On coming to know about the vacancy at GLPS, Thevannoor, the petitioner submitted Annex.A2 and A3 requests to the Deputy Director of Education on 27.06.2023 and 05.07.2023 respectively for transfer to GLPS, Thevannoor. Thereafter, as per Annex.A4 order dated 24.07.2023, the petitioner was transferred to GLPS, Thevannoor. While so, the fourth respondent herein challenged Annex.A4 in OA No.1398 of 2023, wherein the tribunal directed the State to consider the representation of the fourth respondent. Thereafter, as per Annex.A8 order dated 10.10.2023, the second respondent was directed to cancel Annex.A4 order and to reinstate the fourth respondent at GLPS, Thevannoor. The grievance highlighted by the petitioner was that while issuing Annex.A8 order, the first respondent did not consider the genuine grounds raised by the petitioner that her husband is suffering from cancer and undergoing treatment at the Regional Cancer Centre (RCC), Thiruvananthapuram. The petitioner also preferred Annex.A10 representation against Annex.A8 order. It was aggrieved by the issuance of Annex.A8 order, the petitioner approached the tribunal. The tribunal, after considering the issue, disposed of the original application directing the respondents to consider the claim of the petitioner for a posting in a more nearer station. Challenging this, the petitioner is before us.

3. We have heard the learned counsel on both sides.

4. The learned counsel for the petitioner submitted that the petitioner, who entered service on 04.02.2004, was promoted as HM in RGM LP School, Cherukara on 19.07.2022. The opted stations of the petitioner are as follows;

i. GLPS, Thevannoor under AEO, Veliyam

ii. Ayur GLPS under AEO, Anchal

iii. Ayur JUPS under AEO, Anchal

iv. St.Thomas GLPS, Thrippallaziyam under AEO, Veliyam

v. Anchal GLPS under AEO, Anchal

vi. GLPS, Ummannoor under AEO, Veliyam

The learned counsel for the petitioner submitted that the petitioner was transferred to the fifth opted station, Anchal GLPS under AEO, Anchal. At the time of transfer as above, there was no vacancy at GLPS, Thevannoor. While so, an open vacancy occurred at GLPS, Thevannoor, on 26.06.2023, which is the first opted station of the petitioner. The learned counsel pointed out that in terms of Clause 5 of Ext.P4 transfer norms, if an employee has got posting into his/her second and third option, his/her better option would not be cancelled and he/she ought to be accommodated against the better opted station in the event of occurrence of vacancy in the meanwhile. According to the learned counsel, the petitioner being the senior teacher, the second respondent was right in issuing Annex.A4 transfer order, whereas the issuance of Annex.A8 order is in violation of the General Transfer norms. It is further submitted that the husband of the petitioner is suffering from cancer and is undergoing treatment at RCC, Thiruvananthapuram; and that is the reason why the petitioner had given her first option as GLPS, Thevannoor. It is pointed out that the fourth respondent, who is junior to the petitioner, was temporarily appointed in the GLPS, Thevannoor, as HM. It is further pointed out that it is noting that the husband of the fourth respondent is suffering from cancer, the government had given a posting to the fourth respondent at GLPS, Thevannoor, on compassionate grounds. The learned counsel submitted that the petitioner is also entitled for getting t