VALSA Vs. DIRECTOR OF PUBLIC INSTRUCTIONS

JUDGEMENT

(1.) This appeal has been placed before this Full Bench pursuant to an Order, dated 21st December 2001 made by the Division Bench (K.S. Radhakrishnan and Balakrishnan Nair, JJ.) which was unable to agree with the law laid down in the Judgment of another Division Bench of this Court in Saphia v. Director of Public Instructions, 2001 (2) KLT 761 . Since the question to be answered by us has not been formulated in the order of reference, we would prefer to formulate it for convenience. The question to be considered by the Full Bench is the following: While effecting the transfer of teachers, under R.10 of Chapter XIV - A of the Kerala Education Rules, is seniority one of the criteria to be followed.

(2.) In order to appreciate the controversy, we would state the requisite bare minimum facts of the case.

(3.) The appellant and the 3rd respondent are specialist teachers teaching needle work in the second respondent school., which is under the Corporate Management of S.N.D.P. Yogam. The appellant has been transferred from S.N.D.P.H.S.S. Udayamperoor to S.N.V.H.S., Anand in Thiruvananthapuram District and the 3rd respondent has been transferred from S.N.V.H.S., Anand to S.N.D.P.H.S.S., Udayamperoor in Ernakulam District.