JOSEPH SAPHIA Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) Transfer is an incidence of service. However, in the case of transfer of aided school teachers and Headmasters, there arise a few questions of general importance on the interpretation of R.10 of Chap.14A of the Kerala Education Rules, 1959 (hereinafter referred to as 'the K.E.R.') for consideration in this case:

(2.) Petitioner, an aided school teacher, who has been working in B. E. M. High School, Parappanangadi since June, 1997 was transferred after four years as per Ext. P1 proceedings of the Corporate Manager to B. E. M. U. P. School, Codacal, Tirur, a place around 40 KMs. from Parappanangadi. Ext. P1 proceedings would show that the transfer is ordered on "administrative interest". In her challenge to Ext. P1 the petitioner submitted that her transfer is in violation of the norms of seniority and that in any case it is in excess of the 25% exception to the general rule of seniority permitted under the Rules. In fact, the petitioner has filed an appeal as evidenced by Ext. P2 before the 1st respondent Director of Public Instruction, purporting it to be one under Clause (5) of R.10 of the K.E.R.

(3.) The learned Single Judge however was of the view that there are conflicting views in the matter of interpretation of R.10 of Chap.14A, K.E.R. and hence referred the matter to Division Bench.