BEENA I V Vs. STATE OF KERALA

JUDGEMENT

(1.) The dispute pertains to transfer of the incumbent to the particular post in a school belonging to the Corporate Manager / 7th respondent, allegedly in violation of the transfer norms.

(2.) The petitioner is working as HSA (Malayalam) in the Devaswom Board High School at Vamanapuram under the 7th respondent and is continuing there right from 05/02/2006 by virtue of Ext. P1 appointment order. In connection with the general transfer for the year 2011-2012, the petitioner was transferred to the Devaswom Board Higher Secondary School at Parumala vide Ext. P2, which is situated nearly 150 Km. away, which has been effected to accommodate another person by name Remadevi in the petitioner's place.

(3.) Being aggrieved of the above transfer, the petitioner had approached this Court by filing WP (C) No. 15335/2011 alleging that the petitioner was having longer approved service in the post and as such, the petitioner ought not to have been shifted to accommodate a junior hand, having lesser approved service. After considering the case projected by the petitioner, she was relegated to approach the Departmental Authorities, as per Ext. P4 judgment. Pursuant to the said course and proceedings, the matter was considered by the second respondent, who decided the issue in favour of the petitioner as per Ext. P8 and cancelled Ext. P2 order, intercepting the transfer from Vamanapuram to Parumala. The said order was challenged by the aggrieved party by filing a revision under R.92 of Chap.14 A of KER before the Government and approached this Court by filing WP (C) 24984/2011. As per Ext. P9 judgment, the Government was directed to finalise the revision petition and accordingly, the same was considered and final orders were passed by the Government vide Ext. P10, upholding the order passed by the DPI. On finalisation of the proceedings as above, the 7th respondent / Manager implemented the same, by passing Ext. P12 order on 05/12/2011, whereby the petitioner who was made to shift to the school at Parumala from 01/06/2011 was brought back to the school at Vamanapuram.