IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18506 of 2010(K) -------------------------- PETITIONER(S): --------------- MEERA A., HSA PHYSICAL SCIENCE MODEL RESIDENTIAL SCHOOL MUNNAR, IDUKKI BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION KOLLAM. 2. DEPUTY DIRECTOR OF EDUCATION THODUPUZHA-IDUKKI. 3. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 18506 OF 2010 -------------------------------------------- Dated this the 15th day of June, 2010 JUDGMENT The petitioner assails Ext.P5 order passed by the first respondent whereby her claim for transfer was rejected. The petitioner is presently working as High School Assistant (Physical Science) in Model Residential School, Munnar in Idukki District. She has been working there since 25.9.2003. She is a native of Kollam District. For getting a transfer to her native district, she has submitted Ext.P1 application during the general transfer. She has produced Ext.P1(a) certificate issued by the Thahsildar, Devikulam for the purpose of availing the benefits granted as per Exts.P2 and P3 Government Orders. According to the petitioner, she is entitled to get an inter district transfer to her native place in the light of Exts.P2 and P3 government orders. Earlier, the petitioner had approached this court by filing W.P.(C).No.7134 of 2010 and the same was disposed of as per Ext.P4 judgment dated 5.3.2010 directing the first respondent to consider and pass orders on Ext.P1 application for transfer within two months from the date of receipt of a copy of the judgment. It is in W.P.(C) NO.18506/2010 2 compliance with the said Ext.P4 judgment that the present order in Ext.P5 has been issued by the first respondent. The main contention of the petitioner is that despite the direction of this Court in Ext.P4, the first respondent did not consider the entitlement of the petitioner for the benefit of Exts.P2 and P3 in the matter of getting an inter district transfer to her native district considering her service in the hilly area. 2. The contentions raised in the Writ Petition would reveal that in the matter of transfer, the Government have already issued Exts.P2 and P3 orders granting certain benefits to persons like the petitioner who are serving in hilly areas. The grievance of the petitioner is that her application for inter district transfer was not properly considered by the first respondent in the light of Exts.P2 and P3 government orders. In such circumstances, I am of the view that the petitioner has to approach the Government raising her grievance against Ext.P5 order and for consideration of her claim in the light of Exts.P2 and P3. Therefore, this Writ Petition is disposed of granting liberty to the petitioner to approach the Government through a proper representation within one week from the date of receipt of a copy of this judgment. In case the petitioner files such a representation within the W.P.(C) NO.18506/2010 3 stipulated period, the same shall be considered by the Government expeditiously, at any rate, within a period of one month from the date of receipt of a copy of such representation, in the light of Exts.P2 and P3 government orders. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18506/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.18506/2010 5