IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7527 of 2009(I)
1. V. SHYAMALA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE HEADMASTER,
For Petitioner :SRI.D.KISHORE
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/03/2009
O R D E R
P.N.RAVINDRAN, J.
---------------------------------------
W.P.(C) No.7527 OF 2009
---------------------------------------
Dated this the 11th day of March, 2009
JUDGMENT
Heard Sri.D.Kishore, the learned counsel appearing for
the petitioner and Sri.A.J.Varghese, the learned Government
Pleader appearing for the respondents.
2. The petitioner is a Specialist Teacher presently
working in Government High School, Kachani in
Thiruvananthapuram District. She belongs to Chempazhanthi
in Thiruvananthapuram District. After the petitioner entered
service, she met with an accident resulting in injuries to her
spinal cord. In view of the injuries sustained by her, the
petitioner was given a transfer to Sreekariyam shortly after
the accident and she continued at Sreekariyam till October,
2006 when she was transferred back to Government High
School, Kachani. Government High School, Kachani is 35 kms.
away from Chempazhanthi.
3. The petitioner states that on account of the injuries
sustained by her, it is difficult for her to travel to Kachani and
back to Chempazhanthi everyday and that she had therefore
W.P.(C) No.7527 of 2009
2
submitted Ext.P4 application requesting that during the
general transfer for the year 2008-09, she may be transferred
either to Government Vocational Higher Secondary School for
Girls, Pettah or Government Higher Secondary School for
Boys, Pettah or Government U.P.School, Kattayikonam. The
said request was however not considered, it is submitted. The
petitioner states that she has now submitted Ext.P5
representation dated 16.02.2009 to the Deputy Director of
Education, Thiruvananthapuram requesting that she may be
transferred to Manackal L.P.S., Chempazhanthy or
Kattayikonam UPS or Medical College H.S.S./UPS or
Government Girls H.S.S. Pettah, where vacancies exist. In this
writ petition, the petitioner inter alia prays for a direction to
the Deputy Director of Education, Thiruvananthapuram to
consider the request made by her in Ext.P5 sympathetically
and to give her a suitable posting in any one of the schools
named therein.
4. The pleadings disclose that taking note of the injuries
sustained by the petitioner, she was initially given a transfer to
Sreekariyam in the year 1991. However, she was again
W.P.(C) No.7527 of 2009
3
transferred back to Kachani in October, 2006. In view of the
fact that the petitioner is suffering from the after effects of the
injury to her spinal cord, I am of the opinion that the request
made by the petitioner in Ext.P5 merits sympathetic
consideration at the hands of the Deputy Director of
Education, Thiruvananthapuram. I accordingly direct the
Deputy Director of Education, Thiruvananthapuram to
consider the request made by the petitioner in Ext.P5 on
sympathetic grounds and take a decision thereon while
effecting general transfers for the year 2009-2010.
The writ petition is disposed of as above.
P.N.RAVINDRAN
JUDGE
pac
