IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 31885 of 2008(U) --------------------------------------- PETITIONER(S): ---------------------- S.SREEKALA, AGED 44 YEARS, D/O.G.VASUDEVAN, VISAHAK, NEAR RAILWAY STATION, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM. 3. THE CORPORATE MANAGER, S.N.D.S.T SCHOOLS, SIVAGIRI MUTT, VARKALA, THIRUVANANTHAPURAM. 4. THE HEAD MISTRESS, SIVAGIRI H.S.S, VARKALA, THIRUVANANTHAPURAM. 5. SMT.B.LISSY, PUTHEN VEEDU, KOTHANALLUR, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, NOW WORKING AS H.S.A (MATHS), A.V.H.S.S, KURICHI, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.T.T.MOHAMOOD ADV. SMT.SREEDEVI KYLASANATH FOR R5 SRI.V.SADASIVAN FOR R5 SMT.V.J.SAFEENA FOR R5 SRI.S.SANJITH FOR R5 SMT.SHALEENA RAJAN FOR R5 SRI.SAJAN VARGHEESE K. FOR R3 & 4 SRI.LIJU. M.P FOR R3 & 4 SRI.M.V.THAMBAN FOR ADDL.R6 SRI.V.PHILIP MATHEW FOR ADDL.RES. SRI.ELVIN PETER P.J. FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31885/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE G.O.(MS) NO.11/2002/G.EDN. DT. 7.1.02 OF THE GOVERNMENT OF KERALA. P2:- COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DT. 18.8.06. P3:- COPY OF THE TRANSFER ORDER NO.EDN. 27/2008 DT. 22.10.08 ISSUED BY THE 3RD RESPONDENT. P4:- COPY OF THE MEDICAL CERTIFICATE DT. 14.7.06. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE STATEMENT TENDERED BY THE RESPONDENT NO.2. R3(b):- COPY OF THE RELIEING ORDER SENT TO THE PETITIONER. R3(c):- COPY OF THE POSTAL RECEIPT ISSUED ON SENDING EXHIBIT R3(b) ALONG WITH EXT, P3 TO THE PETITIONER. R6(a):- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 25.6.07. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.31885/2008 ----------------------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Petitioner was appointed as HSA(Maths) in Sivagiri H.S.S., Varkala. By Ext.P2, she was adjusted as HSA (English). It is stated that, following Ext.R3(a) staff fixation order, the Manager transferred the 5th respondent to Kurichi, another school under the same educational agency. The 5th respondent being the senior most took up the matter in revision before the DPI and it is stated that by Ext.R5(a) order, the DPI canceled the order of transfer. Though, the Manager took up the matter in revision before the Government, that was also rejected by Ext.R5(b) order. 2. As a consequence, thereafter by Ext.P3, the petitioner was transferred from Sivagiri HSS to A.V.H.S.S Kurichi and 5th respondent was ordered to be transferred WP(c).No.31885/2008 2 from Kurichi to Sivagiri. It is at this stage the writ petition has been filed. 3. Though an interim order was passed, according to the Manager, prior to that order, the petitioner was relieved. Now that according to the Manager, it was consequent on Ext.R5(a) and Ext.R5(b) that the petitioner was transferred by Ext.P3, I feel it unnecessary to go into the merits of the case and in my view if the petitioner is aggrieved, it is up to her to agitate the matter before the departmental authorities. It will be open to the petitioner to join at AVHSS Kurichi in pursuance to Ext.P3 and pursue the matter before the departmental authorities, if she is aggrieved by the said order of transfer. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.31885/2008 3