IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 1499 of 2011(J) ------------------------------------- PETITIONER: ------------------- SEEMA GOPINATHAN, H.S.S.T. (HOME SCIENCE), GOVERNMENT TAMIL HIGHER SECONDARY SCHOOL, CHALAI, THIRUVANANTHAPURAM-36. BY ADVS. SRI.ELVIN PETER P.J, SMT.POOJA SURENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 1. 3. THANUJA.N, H.S.S.T.(HOME SCIENCE) GOVERNMENT TAMIL HIGHER SECONDARY SCHOOL, CHALAI, THIRUVANANTHAPURAM-36. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1499 of 2011-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2011. JUDGMENT The petitioner is aggrieved by the order of transfer by which she is now transferred to a school at Sholayur in Palakkad District. 2. The petitioner was working in Government Tamil Higher Secondary School, Chalai, Thiruvananthapuram from 28.1.2006. She availed maternity leave for 180 days with effect from 1.6.2010 and after completion of the said period, the petitioner reported for duty. She is now posted to Government Tribal Higher Secondary School, Sholayur, Palakkad. 3. It appeared that after the petitioner took leave, the third respondent was posted in the said vacancy in the light of the representation filed by her which was directed to be disposed of by this Court as per judgment in W.P.(C) No.19587/2010. 4. Learned Govt. Pleader on getting instructions, submits that there are no vacancies in Thiruvananthapuram District and actually other vacancies exist only in Kannur District. Faced with this situation, learned counsel for the petitioner prayed that the request of the petitioner for posting in Thiruvananthapuram District in any arising vacancies at the time of wpc 1499/2011 2 general transfer, may be considered. It is also prayed that the petitioner may be allowed to avail leave during the above period as she is unable to join the transferee station in the light of the fact that the children are only aged 2 years and 7 months respectively and there is no accommodation available at Sholayur which is a remote hilly place. Her husband is also employed in Thiruvananthapuram District, in Techno Park. If the petitioner submits an application for leave, it will be considered in accordance with the relevant rules. Her claim for transfer in any suitable vacancy in Thiruvananthapuram district will be considered at the time of general transfer. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/