IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6588 of 2011(W) -------------------------------------- PETITIONER(S): ------------------------ C.P.GEETHAKUMARI, 36 YEARS, W/O.A.K.CHRISTPHER, P.D.TEACHER(TAMIL MEDIUM), G.L.P.SCHOOL, GAVI, PATHANAMTHITTA DISTRICT. RESIDING AT VALIYATHOTTAM PRAHIDAM, MANAKKARA, PARASSALA POST, THIRUVANANTHAPURAM. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001. 5. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. 6. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. R1 TO R6 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6588 OF 2011 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioner is a PD Teacher in the GLP School, Gavi in Pathanamthitta District. The petitioner has been working in the school from the year 2003. She belongs to Parassala in Thiruvananthapuram District. It is stated that Gavi has been notified as hard station since it is in a hilly/forest area. Exhibits P1 and P2 are relied upon by the petitioner to show that as far as the said station is concerned, the Government have relaxed the mandatory incumbancy rule of five years. 2. The petitioner is the wife of Sri.A.K.Christopher who is now serving as Jawan in Jammu and Kashmir in CRPF. Exhibits P4 and P4(a) certificates have been produced in support of the above plea. The petitioner seeks for a transfer being the wife of a Jawan to her native District. It is stated that their W.P.(C) No.6588/2011 2 children are studying in an school at Thiruvananthapuram and that the petitioner has already completed eight years in the hard station. One son alone is with her. 3. In the priority list finalised by the Deputy Director of Education, Thiruvananthapuram it is stated that the petitioner is serial No.1, a copy of the list has been produced as Exhibit P5. Exhibit P5(a) is the seniority wise final list dated 21.02.2011 wherein also the name figures. 4. Exhibit P8 is the request made by the petitioner seeking for a direction to transfer her to any of the existing vacancies in Thiruvananthapuram District. It is pointed out that ignoring the claim of the persons like the petitioner, all the 14 vacancies are proposed to be reported to the Public Service Commission. There will be a direction to the Director of Public Instruction to take a decision on Exhibit P8 in terms of the relevant circulars within a period of two months. There will also be a direction not to report one vacancy of PD Teacher (Tamil) to the Public Service Commission awaiting orders to be passed by the Director of Public Instruction as directed above. The petitioner will produce W.P.(C) No.6588/2011 3 a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp