Baby vs State of Kerala

K.A. Abdul Gafoor, J.—What is impugned is an order of transfer effected by the educational agency of an aided school. The educational agency being an authority under the Kerala Education Rules, Government can entertain a revision petition against that transfer order. The petitioner has moved the Director as per Ext. P4. As per the decision in Corporate Manager v. State of Kerala (2000 (3) KLT 722), the appeal under R.10 Chapter XIV-A KER will not lie in respect of transfer of teachers other than Headmasters. Another learned Judge in Valsa v. State (1997 (1) KLT 19) had taken a different view. These two different views were noticed when O.P. No. 16947/2001 came up before me. Accordingly, I referred the matter for consideration by a Division Bench. It is now brought to my notice that the view taken in Corporate Manager''s case (2000 (3) KLT 722) had been confirmed by a Division Bench in W.A. No. 1995/2000. This was not brought to my notice when I passed the reference order in O.P. No. 16947/2001. Now the Division Bench has answered the reference and held that no appeal will lie against a transfer of an Assistant Teacher to the Director. So Ext. P4 cannot be directed to be disposed of.

But Manager being a subordinate authority to Government, as per the scheme of the rules in Chapter XIV A KER, the petitioner has to resort to the revisional remedy under R.92 Chapter XIV-A KER. As per the rule revision will lie to Government against the orders of the subordinate authority. Therefore, if the petitioner files a revision within two weeks from today along with a copy of this judgment, the 1st respondent shall dispose it of within two months thereafter. The petitioner shall extend a copy of the revision petition simultaneously to the Manager who shall within two weeks of its receipt offer his comments on the contention raised in that revision petition. Government shall while disposing the revision petition take note of the comments offered, if any, by the Manager as well. As this will suffice the requirements in sub-r. (2) of R.92 of Chapter XIV-A KER, no hearing need be given to either of the parties. Order shall be passed within two months.

The O.P. is disposed of as above. No costs.