IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28575 of 2011(V) -------------------------- PETITIONER(S): --------------- SHEEBA.A.S., H.S.S.T.(HISTORY), GOVT.HIGHER SECONDARY SCHOOL, KILIMANNOOR, THIRUVANANTHAPURAM. BY ADV. SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR,T THIRUVANANTHAPURAM-695001. SENIOR GOVERNMENT PLEADER, SHRI M.A FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28575 of 2011(V) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE ORDER NO.AD.C3/3386/HSE/2005 DATED 30.08.2010. EXHIBIT-P2. TRUE COPY OF THE ORDER NO.AD.C5/26034/HSE/10 DATED 7.7.2011. EXHIBIT-P3. TRUE COPY OF THE ORDER NO.AD.C3/17650/HSE/08 DATED 18.7.2011. EXHIBIT-P4. TRUE COPY OF THE REPRESENTATION DATED 11.7.2011 BY THE PETITIONER. EXHIBIT-P5. TRUE COPY OF ORDER NO.AD.C3/17650/2011/HSE DATED 25.7.2011 PASSED BY THE 2ND RESPONDENT. EXHIBIT-P6. TRUE CPY OF THE GO(P)NO.115/09/G.EDN.TRANSFER NORMS FOR HSST DATED 27.5.2009. EXHIBIT-P7. TRUE COPY OF THE REPRESENTATION WITH POSTAL ACKNOWLEDGEMENT CARD DATED 1.9.2011. RESPONDENTS' EXHIBITS : NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28575/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of October, 2011 J U D G M E N T All that the petitioner seeks is for a direction to the Government to take a decision on Ext.P7 representation seeking to delete the condition imposed by the Director of Higher Secondary Education in Ext.P5 while granting a transfer on compassionate grounds to the petitioner. As per Ext.P5, the petitioner is ordered to be reposted in GHSS, Kilimanoor in an existing vacancy. The same is on a condition that if a senior teacher/more deserving teacher opt the said school during the general transfer 2011-12 as per transfer norms, the petitioner will be shifted to some other school. 2. The learned counsel for the petitioner submitted that when the transfer is ordered on compassionate grounds, such a condition cannot be imposed by the Director of Higher Secondary Education. W.P.(C). No.28575/2011 -:2:- 3. I am not going into the merits of the matter since the representation is said to be still pending before the Government. 4. There will be a direction to the Government to take a decision on Ext.P7 representation after hearing the petitioner within a period of five months from the date of receipt of a copy of this Judgment. Till orders are passed, the petitioner will be allowed to continue in the school. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms