SOUMYA V Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who joined as a High School Assistant as per Ext.P1 appointment order on and with effect from 01.06.2011. Due to division fall, the petitioner was retained as a protected teacher on 30.02.2017. Thereafter, as per Ext.P2 order, posted the petitioner as a Cluster Coordinator. Thereafter, as per Ext.P3 order dated 29.06.2018, petitioner was transferred to Malappuram, since according to the 2nd respondent, senior teachers working outside are to be accommodated in the post. Basically challenging Ext.P3 order of transfer, this writ petition is filed.

(2.) The basic contentions advanced by the petitioner are relying upon the benefits of Government Order bearing No.G.O.(P)No.15/89/P&ARD dated 22.05.1989, circular issued by the Government bearing No.A1-33330/90/DPI dated 07.05.1990 and Ext.P20 Government Order dated 25.02.2017. Claim of the petitioner is that, petitioner and her husband are inter caste married couple. So also, petitioner is a cancer patient and that apart, since the petitioner and her husband are working, petitioner is entitled to get a transfer in order to serve on the same station by virtue of the notifications. It is also pointed out that, as per an amendment made to Government Order 15/89/P&ARD, employees who are physically handicapped, relatives of Jawans, Inter caste married and Scheduled Caste and Scheduled Tribes shall not ordinarily be transferred until they complete five years of duty or service in a station/district. Therefore, according to the petitioner, without taking into account the benefits provided to the petitioner as per the Government Orders and the circular referred to above, the transfer is effected and the petitioner is put to serious prejudice.

(3.) When this writ petition was admitted to the files of this court on 06.07.2018, an interim order was passed, holding that, no coercive action shall be taken against the petitioner for non-joining at Malappuram district without further orders from this court. Thereafter, on 03.10.2018, yet another interim order was passed directing to consider the petitioner in BRC, Kilimanoor, if there are no senior claims.