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V. Shyamala vs State Of Kerala on 11 March, 2009

Kerala High Court
V. Shyamala vs State Of Kerala on 11 March, 2009
       

  

  

 
 
  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

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