S. Radha vs The Deputy Director of Education

K.T. Sankaran, J.—The petitioner was working as HSA (Social Science) in Malayalam medium in Government Technical High School, Chakkupallam. She made a request for transfer to Government High School, Kumily. By Ext.P1 order dated 1.6.2010 passed by the Deputy Director of Education, K. Narayanankutty who was working in HS and VHSS, Kumily was transferred to GHS, Baisonvalley in an existing vacancy and the petitioner, who was working in GTHS, Chakkupallam, was transferred to GHS and VHSS, Kumily. By the same order, one K.J. Thomas working in GHS, Ezhukornvayal was transferred to GTHS, Chakkupallam. The petitioner joined duty at GHS and VHSS, Kumily and she is continuing there. While so, the Director of Education passed Ext.P2 order dated 27.7.2010 by which the petitioner and K.J. Thomas were transferred back to the schools from where they were transferred. In Ext.P2, It is stated that in Government High School, Kumily, there was only one post of HSA (Social Science), Malayalam medium. However, in that school two HSAs (Social Science) were working (Saritha Devi and Narayanankutty). It is also stated that Narayanankutty was working as HSA (Social Science) against the vacancy of an English Teacher. When Narayanankutty was transferred, the petitioner was transferred to Government High School, Kumily in that vacancy. It is stated that Ext.P1 order was passed by mistake without noticing the fact that subject requirement was violated by accommodating two HSAs (Social Science) in Government High School, Kumily. Ext.P2 is under challenge in this Writ Petition.

When the Writ Petition was admitted, an interim order was granted on 5.8.2010 directing not to relieve the petitioner till 13.8.2010. Interim order was being extended from time to time. Against Ext.P2 order passed by the Deputy Director of Education, the petitioner could very well approach higher authority, namely, the Director of Public Instruction. Since the records are to be verified and questions of facts are to be decided, it would be proper, if the matter is considered by the Director of Public Instruction. It is submitted by the learned Counsel for the petitioner that the petitioner would make a detailed representation before the Director of Public Instruction within a period of three weeks.

In the facts and circumstances, the Writ Petition is disposed of as follows:

(i) The Director of Public Instruction shall call for the records relating to Exts.P1 and P2 and consider the grievance put forward by the petitioner. The Director of Public Instruction shall also consider and dispose of the representation that may be filed by the petitioner before him.

(ii) The Director of Public Instruction shall dispose of the case, as expeditiously as possible, and at any rate within a period of two months from the date of receipt of the representation submitted by the petitioner, after affording an opportunity of being heard to the petitioner and any other affected party who is at present working in Government High School, Kumily.

(iii) The petitioner shall produce a copy of the Writ Petition and the certified copy of the judgment before the Director of Public Instruction.

(iv) Till the matter is disposed of by the Director of Public Instruction, the interim order in this Writ Petition shall continue to be in force.