IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 17295 of 2009(F) 1. SMT.ANUPAMA R., W/O.A.BALAKRISHNAN, ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY ... Respondent 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, 3. THE DEPUTY DIRECTOR OF EDUCATION, 4. THE ADMINISTRATIVE ASSISTANT (IN FULL For Petitioner :SRI.V.RAMKUMAR NAMBIAR For Respondent : No Appearance The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR Dated :22/07/2009 O R D E R T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17295 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009. JUDGMENT
Aggrieved by Ext.P6 order, the petitioner has approached this court
by filing this writ petition. The petitioner is at present working as P.D.
Teacher in Govt. Lower Primary School, Chalingal in Kasargod District.
She was on deputation in the SC/ST Department pursuant to Ext.P1 order
passed by the Government. The period of deputation was extended by one
more year as per Ext.P2. On expiry of the period of deputation, she was
reverted back to the parent department and was relieved from duty on
7.4.2009 and reported before the Deputy Director of Education for a
suitable posting. By Ext.P5, she was ordered to be posted in Govt. L.P.
School, Chalingal. Thereafter, by Ext.P6 a modified order was passed
which is under challenge in this writ petition. The grievance raised by the
petitioner is that the vacancy to which she has been posted, is very
convenient to her and Ext.P6 order, if implemented, will result in another
transfer to her.
2. Learned Govt. Pleader on instructions, submitted that the claim of
seniors have to be considered during the general transfer, 2009. It is in
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these circumstances, Ext.P6 order was passed. Again, it is informed that
there are vacancies in Mangalpady GBLPS, Mangalpady GHWLPS and
Paivaliga Nagar GHSS and the petitioner can be reposted against the
resultant vacancy according to her convenience, without overlooking the
seniority of other teachers. After getting instructions, learned counsel for
the petitioner submitted that the school, viz. Mangalpady GBLPS will be
convenient to the petitioner, comparatively. It is submitted that the said
school is also at a distance of 120 kms. away from her present residential
house. It is pointed out that another vacancy has arisen in G.H.S.S.,
Chayyoth a few days back. It is requested that her claim for a posting in
that school may be considered at the time of general transfer.
3. It is pointed out by the learned counsel for the petitioner that the
petitioner’s husband is working in Kerala Clays and Ceramics Limited.,
Kannur and the children are studying in Kannur.
4. If the petitioner files an appropriate representation before the
third respondent seeking for a suitable posting, the same will be considered
along with the claim of others. It is submitted by the learned Govt. Pleader
that within three weeks, appropriate orders can be passed in the matter.
Therefore, if the petitioner files a representation before the third respondent
without four days from today along with a copy of this judgment, it will be
wpc 17295/2009 3
considered and appropriate orders will be passed by the third respondent
within a period of three weeks thereafter. Till then, the petitioner will be
retained in the present school.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)