K INDIRA Vs. STATE OF KERALA

JUDGEMENT

(1.) Two Senior Lecturers, E.J.Leena,(petitioner in WP(C) No.29684 of 2010) and K.Indira (petitioner in WP(C) No.27807 of 2010) wish to continue as Senior Lecturer (IFIC), District Institute of Education & Training (for short 'DIET'), Sulthan Bathery, Waynad. K.Indira was working as Senior Lecturer at Sulthan Bathery. It is stated that she is due to retire on 31.3.2012. As per the general transfer order GO(Rt)No.3876/2010/G.Edn. dated 3.9.2010, K. Indira was transferred as Senior Lecturer (IFIC), DIET, Thrissur. E.J.Leena was working as Senior Lecturer (IFIC), DIET, Thrissur. She claims that she has 40% disability. As per the very same transfer order, Leena transferred from Thrissur to (IFIC), DIET, Sulthan Bathery, Wayanad. Leena and Indira belong to Wayanad District. Both of them want to work in the same station. That resulted in these Writ Petitions filed by them. Indira challenges the transfer order while, Leena challenges the order keeping in abeyance the transfer order on the ground that the transfer order would not be implemented till the general election to the local bodies is over.

(2.) Sri.James Koshy, learned counsel appearing for Indira submitted that the transfer order was passed on the basis of the guidelines in GO(MS) No.7/2009/G.Edn. dated 16.1.2009. It is submitted that GO(MS)No.101/2010/G.Edn. dated 24.6.2010 issued subsequently was not taken note of while effecting transfer. Sri.James Koshy submitted that Indira is entitled to rely on clauses 1, 4 and 7 of GO(MS)No.101/2010. It is submitted that if those factors are taken into account, Indira could continue in Sulthan Bathery itself.

(3.) According to E.J.Leena, Indira is working in the same station for more than 15 years. Leena got transfer to Sulthan Bathery Wayanad, taking into account her physical disability and other factors. Leena wants to get the transfer order implemented. She is only aggrieved by GO(Rt) No.3903/2010/G.Edn. dated 6.9.2010, by which the transfer order was kept in abeyance till the process of general election 2010 for LSGD institutions is over. It is submitted that Leena was relieved from Thrissur and she joined at Sulthan Bathery. Later, in view of the Government Order dated 6.9.2010, she was compelled to go back to Thrissur.