IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 277 of 2010(H) ------------------------ PETITIONER(S): --------------- LAWRANCE.A., 44 YEARS, S/O.AROKYAM P.D.TEACHER, TAMIL GLPS PAZHATHOTTAM, IDUKKI DISTRICT, PERMANENT RESIDENT OF KAUNDAPAR HOUSE SATHRAM, PARISSAKKAL POST, MENONPARA VIA. PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT, THODUPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI. 5. THE ASSISTANT EDUCATIONAL OFFICER, MUNNAR, IDUKKI. 6. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 7. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. SANDESH RAJA FOR R1 TO 6 ADV. SRI. ALEXANDER THOMAS, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 277/2010. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF THE APPLICATION FOR TRANSFER DT. 20-2-2008. EXT.P2 CERTIFICATE ISSUED BY THE tAHSILDAR, DEVIKULAM. EXT.P3 TRUE COPY OF THE LIST. EXT.P4 TRUE COPY OF SENIORITY LIST OF P.D. TEACHERS. EXT.P5 ORDER DT. 25-5-1999. EXT.P6 COMMUNICATION DT. 19-12-2009. EXT.P7 CERTIFICATE DT. 2-1-2010. EXT.P8 REPRESENTATION DT. 6-1-2010. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 277 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th day of February, 2010. J U D G M E N T The petitioner is a P.D Teacher in Tamil working in Idukki District, ever since his first appoint on the advice of the Public Service Commission in 2001. The petitioner belongs to Palakkad District. After putting in 5 years' of service, the petitioner applied for inter-district transfer to Palakkad. According to the petitioner, every year, 30% of the vacancies are liable to be set apart for filling up by inter-district transfers as per the Special Rules. The petitioner submits that there are 4 vacancies available now for filling up in the quota set apart for inter-district transfer as evidenced by Ext. P6. The petitioner also raises other reasons for seeking such transfer on sympathetic grounds also, like the petitioner's wife being a chronic patient etc. According to the petitioner, in the list of applicants eligible for transfer to Palakkad district for inter-district transfer, the petitioner is Sl. No. 2 as evidenced by Ext. P4. The petitioner therefore seeks a direction to the 2nd respondent to consider petitioner's claim for inter-district transfer in the quota set apart for inter-district transfers. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: Respondents 3 and 6 shall forward their comments on the request for inter-district transfer made by the petitioner within two W.P.C. No. 277/2010. -: 2 :- weeks from the date of receipt of a copy of this judgment. The 2nd respondent shall, thereafter, consider the claim of the petitioner for inter-district transfer and pass orders thereon within a further period of one month. Till then, one vacancy set apart for inter district transfer shall not be filled up by other modes of recruitment. Sd/- S. Siri Jagan, Judge. Tds/