IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 30017 of 2011(B) -------------------------- PETITIONER(S): --------------- MOLLYKUTTY THOMAS, P.D.TEACHER, MGM GOVT.LPS, PAMPAVALLY, NORTH P.O., PANAPILLAVU, KOTTAYAM DISTRICT. RESIDING AT: KODIKKATTU HOUSE, PATHASARY, PONKUNNAM P.O., KOTTAYAM DISTRICT-686 506. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, EDUCATION DIRECTORATE, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR (EDUCATION), O/O DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM- 686001. 4. THE ASSISTANT EDUCATIONAL OFFICER, KANJIRAPPILLY SUB DISTRICT, PONKUNNAM, PIN 680631. 5. THE HEADMASTER, MGM GOVT. PLS, PAMPAVALLY, NORTH P.O., PANAPILLAVU, KOTTAYAM DISTRICT, PIN 680001. GOVERNMENT PLEADER M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30017 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE ORDER NO.A4/2397/2011 DATED 21.10.2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P2. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25.02.2011. EXHIBIT-P3. TRUE COPY OF THE REQUEST DATED 02.11.2011 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE REPRESENTATION DATED 04.11.2011 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS EXT.R3(a) A PHOTOCOPY OF THE ONLINE APPLICATION FILED BY THE PETITIONER DT.16/11/2011. \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30017/2011-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of November, 2011 J U D G M E N T This writ petition is filed by the petitioner seeking for a direction to the Headmistress to implement Ext.P1 order. The petitioner was granted a transfer as per Ext.P1 order from GMGM LPS Panapillavu to Government L.P.S. Anakallu. The order is dated 21/10/2011. It is averred in the writ petition that in spite of the directions from the higher authority, the fifth respondent is not relieving the petitioner. 2. While admitting the writ petition, this Court passed an interim order on 11/11/2011 directing the third respondent to look into the complaint of the petitioner and see that the transfer order is implemented expeditiously, at any rate, within a period of five days from the date of receipt of a copy of the order. Thereafter, the petitioner filed a Contempt of Court Case No.1252/2011 alleging disobeyance of the said interim order. W.P.(C). No.30017/2011 -:2:- 3. A counter affidavit has been filed by the third respondent in the writ petition. It is pointed out therein that after Ext.P1 order was issued, complaints were received and on examination of the same, it was found that three persons, who were senior to the petitioner, had sought for transfer to G.L.P. School, Anakallu. The said teachers have got continuous service from 06/06/2007, 02/06/2008 and 15/10/2009 in Kottayam District, whereas, according to the online application submitted by the petitioner, she had been working in Kottayam District from 10/02/2011. Accordingly, the third respondent was proposing to take steps to correct the order, Ext.P1. Before passing the final order, the petitioner approached this Court and obtained the interim order as noted above. 4. Learned counsel for the petitioner submitted that Ext.R3(a) will show that the petitioner belongs to a priority category, namely, widow and she is entitled to be considered on that basis also for transfer. 5. Before passing a fresh order in the matter, the petitioner can place the details if any, showing W.P.(C). No.30017/2011 -:3:- that she belongs to a priority category, to the third respondent, which aspect will also be considered by the third respondent. The petitioner will present herself before the third respondent within two weeks from today along with a copy of the Judgment and any other particulars, she wants to produce. The writ petition is disposed of making it clear that the third respondent will be free to pass appropriate orders. No costs. (T.R. Ramachandran Nair, Judge.) ms