IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 27997 of 2011(Y) -------------------------- PETITIONER(S): ----------------------- VANAJAKSHI. P, AAYA, NURSERY SCHOOL, THIRUNELLI, (UNDER ORDER OF TRANSFER TO MODEL RESIDENTIAL SCHOOL, NOOLPUZHA). BY ADV. SRI. P. C. SASIDHARAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR, SCHEDULED TRIBES DEVELOPMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001. 2. THE SENIOR ADMINISTRATIVE OFFICER, SCHEDULED TRIBES DEVELOPMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001. 3. THE TRIBAL DEVELOPMENT OFFICER, MANANTHAWADY, WAYANAD-673 121. 4. USHAKUMARI, AAYA, MODEL RESIDENTIAL SCHOOL, NOOLPUZHA-673 121. R1 TO R3 SPL. GOVT. PLEADER SMT. LALY VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 27997 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 COPY OF THE MARRIAGE CERTIFICATE. EXT. P2 COPY OF G.O.(P) NO. 22/2009/P&ARD DATED 30/12/2009. EXT. P3 COPY OF THE TRANSFER ORDER DATED 13.10.2011. EXT. P4 COPY OF THE REPRESENTATION FILED BEFORE THE IST RESPONDENT. EXT. P5 COPY OF INTERIM ORDER DATED 21.10.2011. EXT. P6 COPY OF ATTENDANCE REGISTER. RESPONDENTS' EXHIBITS EXT. R2(a) COPY OF THE RELIEVING ORDER NO. M1-799/2011 DATED 15.10.2011. EXT. R2(b) COPY OF THE ORDER NO. M1-799/11 DATED 22.10.2011. /TRUE COPY/ P. A. TO JUDGE PN T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27997/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29 th day of November, 2011 J U D G M E N T The writ petition is filed challenging Ext.P3 order of transfer whereby the petitioner is transferred from Thirunelli to Noolpuzha and the fourth respondent is transferred in her place. 2. Challenge is made on various grounds. This Court initially passed an interim order of stay for a period of one month on 21/10/2011. On 19/11/2011, after noticing the submission of the learned Government Pleader that the petitioner has already been relieved on 15/10/2011 and the fourth respondent has joined the station on 22/10/2011, the interim order was not extended. 3. Today, when the matter came up for hearing, learned Government Pleader submitted that a vacancy is available in the Tribal School at Pookkod. It is further submitted that there were lot of complaints against the fourth respondent and, therefore, she was transferred to the present school. She cannot be W.P.(C). No.27997/2011 -:2:- transferred to the Pookkod as there were complaints against her in that school also. 4. In that view of the matter, the petitioner will be posted in the Tribal School, Pookkod by issuing appropriate orders forthwith. The request made by the petitioner as per Ext.P4 for a convenient posting in certain other schools will also be considered at the time when vacancy actually arises. It is submitted by the learned counsel for the petitioner that the petitioner has actually worked in the school upto 21/11/2011 and the salary for the said period has not been disbursed so far. It is upto the third respondent to look into the matter and see that the eligible salary is disbursed expeditiously since it is submitted that the petitioner is living in poor circumstances. The salary for the period from 21/11/2011 till the joining of duty in Pookkod will be paid after attaching the petitioner to the office of the third respondent since the petitioner was awaiting orders for a posting. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms