IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25941 of 2009(K)
1. SREELEKHA.S.K., HIGHER SECONDARY SCHOOL
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :07/10/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.25941 OF 2009
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Dated this the 7th day of October, 2009.
J U D G M E N T
The petitioner is presently working as Higher Secondary
School Teacher (Hindi) in the Government Higher Secondary
School, Kadammanitta in Pathanamthitta District. She has been
working there since 06.09.2007. Her husband is working as
Assistant Surgeon in Government Medical Service, Tamilnadu
State at Kulasekharam in Kanyakumari District. Since the
petitioner and her husband are working in two different districts,
it is submitted that they are facing personal difficulties to manage
the family affairs.
2. Earlier the petitioner filed appropriate representations
seeking for a transfer to Trivandrum District. Exhibits P4 and P5
are the representations thus filed. The petitioner had approached
this Court by filing W.P.(C) No.29839/2008 and Exhibit P6 is the
copy of the judgment in the said writ petition. In terms of the
directions issued, the claim of the petitioner was considered, but
W.P.(C) No.25941/2009 2
rejected as per Exhibit P7.
3. In Exhibit P7, the plea for transfer to Trivandrum District
was rejected mainly for the reason that there is no vacancy of
H.S.S.T (Hindi) in any of the schools pointed out by the petitioner
or in any schools in Trivandrum District.
4. The petitioner, in Exhibit P8, has pointed out two
existing vacancies in Trivandrum District namely, in Government
Higher Secondary School, Balaramapuram and in Government
Boys’ Higher Secondary School, Pettah, Trivandrum. One
vacancy has arisen due to promotion and another consequent on
retirement of a teacher. It is in these circumstances, the
petitioner has approached this Court seeking for a direction to the
2nd respondent to transfer her to Trivandrum district, in any of
the existing vacancies.
5. As directed by this Court, a statement has been filed on
behalf of the 2nd respondent. The existence of the two vacancies
have been admitted in the statement. It is pointed out that the
application for general transfer will be invited soon after resolving
the issue regarding appointment of Principals in the Higher
W.P.(C) No.25941/2009 3
Secondary School and the general transfer can be effected only
after inviting applications from the Higher Secondary School
Teachers. It is also pointed out that there are other seniors also
whose claims will have to be considered.
Therefore, if the petitioner submits an application pursuant
to the invitation of application of teachers for general transfer,
her plea will be considered sympathetically in any of the
vacancies apart from the vacancies pointed out in the writ
petition along with the applications of others and in accordance
with the norms and appropriate orders shall be passed after
considering her claim also.
With the above observation, this writ petition is disposed of.
T.R. RAMACHANDRAN NAIR
JUDGE
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