NARAYANAN NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as a part-time Junior Language Teacher (Hindi) in the Government U. P. School, Vettekkad in Palghat Revenue District on 11-3-1968. He was promoted as a full-time Junior Language Teacher (Hindi) on 18-8-1972 and was posted in the Government High School, Tholannur. He was promoted as a High School Assistant (Hindi) on 16-11-1984 and was posted in the Government High School, Agali. In March, 1986 be applied for inter district transfer from Palghat District to Cannanore District. That request was allowed in Ext. P1 on condition that the petitioner would be ranked as junior to the junior most part-time Junior Language Teacher (Hindi) in Cannanore District. A declaration to that effect was obtained from the petitioner.

(2.) Inter district transfers of Government servants are governed by Ext. P2. Government Order GO Ms. 4/Public (Services Services-B) Department dated 2-1-1961. According to the provisions of that order, any person transferred to a new unit will be ranked below the junior most in the category in the new unit or department. He will not be allowed to count his previous service towards seniority; and such transfers shall not be prejudicial to the legitimate interest of any one in the department to which he is transferred. But be may be allowed to count his previous service towards increments, leave, pension, gratuity, etc. He will not be required to undergo fresh probation if he has already completed probation.

(3.) The Government had, however, issued Exts. P3 and PS orders in relation to inter district transfers of teachers in the Education Department. In Ext. P3, G.O. Ms. No. 301/68/Fin. dated 29-6-1968, it was ordered that such inter district transferees might be treated as the junior most in the grade of post in which they were originally recruited irrespective of the fact whether they were working as full-time or not, at the time of transfer. In Ext. P5, GO Ms. No, 201/80/G. Edn. dated 1-12-1980 clarifying Ext. P3 and other Government orders in the subject, the Government ordered that inter district transferees who have five years of service and 8 periods of work might also be given the benefit of full-time, but they would be entitled only to salary in the minimum of the full time scale of pay admissible to them and not in the stage at which they were drawing pay in that scale to their transfer.