IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 30779 of 2008(L) -------------------------------- PETITIONER: -------------- BEENA.K.THOMAS, HEAD MISTRESS, M.D.L.P.SCHOOL, NARANGANAM, PATHANAMTHITTA. BY MR.S.MUHAMMED HANEEFF, ADVOCATE. RESPONDENTS: ------------------ 1. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 2. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CORPORATE MANAGER, CATHOLICATE AND MD SCHOOLS, DEVALOKAM, KOTTAYAM. BY MR.V.PHILIP MATHEW, ADVOCATE, FOR R4. MS. T.B. REMANI, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, ALONG WITH WP(C) No.2524 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30779/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF LETTER DTD.19.5.04 ISSUED BY R4 TO PETITIONER. EXT. P2 : COPY OF COMMUNICATION No.56027/L2/06/G.EDN. DTD. 15.3.08 ISSUED BY GOVT. TO R1. EXT. P3 : COPY OF COMMUNICATION No.36201/L2/05/GE ISSUED BY GOVT. TO R1 DT. 2.7.05. EXT. P4 : COPY OF LETTER ISSUED BY District Educational Officer TO R1 DTD. 23.5.08. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.30779 OF 2008 & 2524 OF 2009 --------------------------------------- Dated this the 26th day of August, 2009. J U D G M E N T The petitioner in W.P.(C)No.30779 of 2008 seeks implementation of Exhibit P3 by which the Government directed to give a reposting to the petitioner as Headmistress of the M.G U.P.S Thumpamon. Aggrieved by the said direction, the Manager has filed the connected writ petition. 2. Heard the learned counsel appearing on either side. Learned counsel for the petitioner in W.P.(C) No.30779/2008 submitted that the petitioner will be satisfied if the claim of the petitioner for a suitable posting is considered whenever a future vacancy arises in any nearby school. Exhibit P2 is the order by which direction issued in Exhibit P3 was modified, by directing the Manager to give a convenient posting to the petitioner. 3. Learned counsel for the Manager submitted that even though by interim order dated 01.4.2009, this Court allowed the W.P.(C) Nos.30779/08 & 2524/09 2 Headmistress to file an appropriate representation, so far no representation has been filed. Whatever that be, to give a quietus to the dispute between the Management and the Headmistress, there will be direction to the Management to consider the claim of the petitioner for a convenient posting in any nearby school along with the claims of any other persons and in terms of the rules governing transfer. These writ petitions are accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp