IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 14837 of 2011(D) ----------------------------------------- PETITIONER(S): ------------------------- S.JAYASREE,W/O.C.ASOK KUMAR,REVATHY, UMBERNADU,KALLUMALA.P.O,MAVELIKKARA(HIGH SCHOOL ASSISTANT (HINDI),DEVASWOM BOARD HIGHER SECONDARY SCHOOL,CHERIYANADU). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): ----------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690 101. 3. THE CORPORATE MANAGER,TRAVANCORE DEVASWOM BOARD SCHOOLS/SECRETARY,TRAVANCORE DEVASWOM BOARD,DEVASWOM BUILDING,NANDHANCODE, THIRUVANANTHAPURAM-695 001. 4. P.N.BINU,LOWER GRADE HINDI TEACHER, DEVASWOM BOARD HIGH SCHOOL,KANGAZHA-686 541. 5. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL-695 101. R1,R2 & R5 BY GOVERNMENT PLEADER SRI. V. VIJULAL R3 BY ADVS. SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD SRI. K.N.VENUGOPALA PANICKER, SC R4 BY ADV. SRI.V.PHILIP MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011 ALONG WITH WPC.NO.16992 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14837/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.ROC.3706/11/EDN. DTD. 28/05/2011 RELATING TO THE PETITIONER NO.1 (SL.NO.11) AND PETITIONER NO.2 (SL.NO.10). P2: COPY OF THE REQUEST DTD. 31/05/2011 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ----------------------------------- W.P.(C). Nos.14837/2011-D & 16992/2011-Y --------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2011 J U D G M E N T Since both the Writ Petitions concern a common issue regarding the transfer of respective teachers, they are disposed of together. 2. The petitioner in W.P.(C)No.14837/11 approached this Court by challenging Exhibit P1 order whereby the transfer of the petitioner from DBHSS, Cheriyanadu to DBHS Vamanapuram against a retirement vacancy was made. Exhibit P2 therein is a representation filed before the Board seeking for cancellation of the same. By interim order dated 1.6.11, this Court passed an order of stay which was being extended from time to time. Exhibit P1 order has been modified by a later order, namely Exhibit P3 produced in W.P.(C)No.16992/11 cancelling it as far as the petitioner is concerned. 3. In W.P.(C)No.16992/11, the petitioner challenges the cancellation of her transfer to DBHS, Cheriyanadu. Going by Exhibit P3, she is transferred to DBHS, Vamanapuram. Various W.P.(C). Nos.14837 & 16992/2011 -:2:- grounds have been raised in the Writ Petition for challenging the said order. 4. As far as W.P.(C)No. 14837/11 is concerned, since the order of transfer has been cancelled,and the petitioner is ordered to rejoin in Cheriyanadu, no further reliefs are called for in the Writ Petition and therefore, the said Writ Petition is closed. 5. In W.P.(C)No. 16992/11, the learned counsel for the petitioner submitted that the petitioner may be given liberty to move the Director of Public Instruction by filing an appeal against Exhibit P3 order. If an appeal is filed by the petitioner within a period of ten days along with a copy of the Writ Petition and a copy of this judgment, the same will be entertained by the 2nd respondent and appropriate orders will be passed after hearing all the parties within a further period of six weeks. It is submitted that the petitioner, in the meanwhile, will join the DBHS, Vamanapuram. If the petitioner requires any regularisation of the period after leave from the school at Cheriyanadu, she can make appropriate application before the Board and the same will be considered also. W.P.(C). Nos.14837 & 16992/2011 -:3:- 6. It is made clear that I have not expressed anything on the merits of the contentions of either of the parties. In the result, W.P.(C)No.14837/11 is closed and W.P.(C) No.16992/11 is disposed of as above. No costs. Sd/-(T.R. RAMACHANDRAN NAIR, JUDGE) dsn