High Court Kerala High Court

Thanuja N vs The State Of Kerala on 23 June, 2010

Kerala High Court
Thanuja N vs The State Of Kerala on 23 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19587 of 2010(W)


1. THANUJA N.,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :23/06/2010

 O R D E R
                         C.T.RAVIKUMAR, J.

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                    W.P.(C) No. 19587 of 2010 W
             ```````````````````````````````````````````````````````
                Dated this the 23rd day of June, 2010

                            J U D G M E N T

The petitioner is presently working as H.S.S.T. in

Government Tribal Higher Secondary School at Sholayoor. She is

a native of Thiruvananthapuram district. The contention of the

petitioner is that since Sholayoor being a remote tribal area, two

years’ service in the said station has to be treated as three years

of service for the purpose of transfer. In the said circumstances,

the petitioner has submitted an application requesting transfer to

Thiruvananthapuram district. In fact, she has requested for

transfer against any open vacancy or against a post wherein the

incumbent holding the post has already completed the normal

tenure of three years. Feeling aggrieved by the delay in the matter

of disposal of the said application, she had earlier approached this

Court by filing W.P.(C) No.11707/2010. As per judgment dated

06-04-2010, this Court directed the second respondent to consider

the transfer application submitted by the petitioner. The present

grievance of the petitioner is that in purported compliance of the

said judgment, the second respondent took up the transfer

WPC.19587/2010
: 2 :

application of the petitioner and then, decided not to effect any

transfer during this year in the category of H.S.S.T.(Home

Science). It is the contention of the petitioner that in respect of all

other categories of H.S.S.Teachers, the second respondent has

issued orders of transfer. In the said peculiar circumstances, the

petitioner has preferred Ext.P7 appeal before the first respondent

expatiating all the aforesaid aspects.

Considering the fact that the petitioner has approached the

first respondent by filing Ext.P7 appeal, raising her grievances with

respect to the decision taken by the second respondent not to

effect any transfer in the category of H.S.S.T.(Home Science)

despite the direction of this Court to consider her request in

Ext.P4, this writ petition is disposed of with a direction to the first

respondent to consider and pass orders on Ext.P7, expeditiously,

at any rate, within a period of one month from the date of receipt

of a copy of this judgment.

Sd/-

(C.T.RAVIKUMAR, JUDGE)
aks

// True Copy //

P.A. To Judge