IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16229 of 2008(F)
1. JAYASREE.V.T., H.S.A.PHYSICAL SCIENCE,
... Petitioner
Vs
1. THE DEPUTY DIRECTOR OF EDUCATION, GENERA
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS
3. PREETHI JOSEPH, HSA, GOVERNMENT HIGHER
For Petitioner :SRI.JOSEPH SEBASTIAN PURAYIDAM
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/05/2008
O R D E R
K.T. SANKARAN, J.
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W.P.(C) No. 16229 OF 2008
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Dated this the 30th May, 2008
J U D G M E N T
In the manner in which I propose to dispose of this Writ Petition, I do not think
that it is necessary to issue notice to the third respondent.
2. The petitioner is working as HSA ( Physical Science ) in the Government
Higher Secondary School, Pattikkad, Malappuram district. It is stated that the
petitioner’s permanent residence is at Pulamanthole, 17 Kms away from Pattikkad. The
Petitioner requested for a transfer to G.H.S.S., Pulamanthole. That request is not seen
granted while passing Ext.P2 general transfer order. Aggrieved by Ext.P2 to the extent
that the petitioner is not granted transfer to Pulamanthole, she submitted Ext. P3
representation before the Deputy Director of Education, Malappuram. In Ext.P3, it is
stated that though the petitioner requested for a transfer to G.H.S.S., Pulamanthole,
one Preethi Joseph (3rd respondent) who is junior to the petitioner, was transferred to
G.H.S.S., Pulamanthole. Learned counsel for the petitioner submitted that the third
respondent may not have much grievance, if the petitioner is given a transfer to
G.H.S.S., Pulamanthole.
3. Ext.P3 representation is pending consideration before the Deputy Director of
Education, Malappuram.
4. The reliefs prayed for in the Writ Petition are the following:
W.P.(C) No. 16229 OF 2008
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“i) To issue a writ of certiorari or any other appropriate writ or
order or direction calling for the records leading to Ext.P2 to the
extent of transferring the third respondent from GHSS, Pang to
GHSS, Pulamanthole.
ii) To issue a writ of mandamus or any other appropriate writ or
order or direction directing the first respondent to transfer the
petitioner from GHSS, Pattikkad to GHSS , Pulamanthole.
iii) To stay the operation of Ext.P2 to the extent of transferring
the third respondent from GHSS, Pang to GHSS, Pulamanthole
until a decision is taken by the first respondent in Ext.P3
representation.
iv) To issue a writ of mandamus or any other appropriate writ or
order or direction directing the first respondent to dispose of
Ext.P3 representation within a time frame fixed by this
Honourable Court.
v) To grant such other relief in favour of the petitioner as this
Hon’ble Court may deem fit to grant on the facts and in the
circumstances of the case. ”
5. I do not think that the petitioner is entitled to the reliefs prayed for in the Writ
Petition except relief No.4. The petitioner is satisfied with the relief No.4 for the time
being. Therefore, it is stated that relief Nos. 1 to 3 are not pressed.
For the aforesaid reasons, the Writ Petition is disposed of directing the Deputy
Director of Education, Malappuram to dispose of Ext.P3 representation submitted by
the petitioner, after affording an opportunity of being heard to the petitioner and all
affected parties. A copy of this judgment shall be forwarded by the petitioner to the 3rd
W.P.(C) No. 16229 OF 2008
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respondent by registered post and the proof of the same shall be produced by her
before the Deputy Director of Education, Malappuram before consideration of Ext.P3
representation. The Deputy Director of Education, Malappuram shall dispose of Ext.P3
within a period of one month from today.
K.T. SANKARAN,
JUDGE.
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