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Smt.Anupama R. vs State Of Kerala on 22 July, 2009

Kerala High Court
Smt.Anupama R. vs State Of Kerala on 22 July, 2009
       

  

  

 
 
  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

wpc 17295/2009 2

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.)

kav/

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