CORPORATE MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the Corporate Manager of L. M. S. Schools owned by the South Kerala Diocese of Church of South India, a minority community. THE Diocese owns schools situated in difference parts of Trivandrum and Kollam Districts. THE schools are aided schools governed by the provisions of the Kerala Education Act and the Rules. Ext. P2 is the order by which 25 High School Assistants/language Teachers including respondents 3 to 6 were transferred. Respondents 3 to 6 and certain others transferred under Ext. P2 filed representations before the second respondent - Director of Public Instruction - to set aside the order of transfer. THE representations submitted before the second respondent were disposed of directing the teachers to make individual representations to the Manager and the Manager was directed to consider and dispose of the representations.

(2.) EXTS. P5 to P8 are copies of representations submitted by respondents 3 to 6 before the petitioner. On considering those representations in the light of the direction given by the second respondent, the petitioner arrived at the decision that there is no ground to modify the order of transfer in the case of respondents 3 to 6 and as per EXTS. P9 to P12 rejected their representations.

(3.) EXT. P1 is the guidelines for general transfer in respect of Government servants. General transfer has to be made in all departments once in a year before 15th May. The provision in the guidelines is that a person who has not completed three years of service in a particular station should not be transferred. It also provides that a person need not be transferred from a station for the sole reason that he has completed three years in that station. Such a person can be transferred from that station when another person who has completed three years in a particular station asks for transfer to that station. The guidelines also envisages transfer on public interest.