IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 21113 of 2011(L) ----------------------- PETITIONER : --------------------- C. PADMAKUMARI, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), GOVT. HIGHER SECONDARY SCHOOL, COTTON HILL, THIRUVANANTHAPURAM. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. THE DEPUTY DIRECTOR (EDUCATION), THIRUVANANTHAPURAM - 695 001. 4. THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM DISTRICT - 676 505. R1 TO R4 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21113 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO. AI 4367/92 DATED 10.2.1993. EXT.P2 : COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK. EXT.P3 : COPY OF THE ORDER SY 1-72789/01/DPI DATED 5.10.2002. EXT.P4 : COPY OF THE JUDGMENT DATED 6.1.2003 IN O.P. NO. 32522/02. EXT.P5 : COPY OF THE REPRESENTATION ON 8.9.2010 FILED BY THE PETITIONER BEFORE THE GOVT. EXT.P6 : COPY OF THE LETTER NO. 56028/R1/10/G.EDN DATED 19.3.2011. EXT.P7 : COPY OF THE REPRESENTATION DT. 31.3.2001 FILED BY THE PETITIONER BEFORE THE DPI. EXT.P8 : COPY OF THE LETTER NO. SY 1/71784/10/DPI DATED 3.5.2011. EXT.P9 : COPY OF THE REPRESENTATION DATED 09.05.2011. EXT.P10 : COPY OF THE LETTER DATED 10.6.2011. EXT.P11 : COPY OF THE REPRESENTATION DATED 28.3.2011. EXT.P12 : COPY OF THE JUDGMENT DATED 7.8.2009 IN WP(C) NO. 36672/2009 (L). EXT.P13 COPY OF THE GO(RT) NO. 1932/2010/G.EDN DATED 6.5.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21113/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner herein is seeking for a direction to consider the request made by the petitioner in Ext.P11 representation for a transfer back to Malappuram District, to safeguard her original seniority. 2. It is a case where the petitioner was initially appointed as High Schoo1 Assistant (Natural Science) on 19/11/1981 in Government High Schoo1, Marancherry in Malappuram District. By inter district transfer, she was transferred to another schoo1 in Thiruvananthapuram District. She is a sister of a Jawan who was serving the Indian Army. The transfer was ordered as per Ext.P1 order dated 10/02/1993. 3. But, later, dispute arose whereby the petitioner's seniority position was not retained which led to the petitioner approaching this Court also by filing O.P.No.32522/2002 which was disposed of by Ext.P4 Judgment. The finding was against her by the W.P.(C). No.21113/2011 -:2:- said Judgment. It is the case of the petitioner that normally the petitioner could not have lost the seniority. Anyhow, the said issue has become final already. Now the petitioner is prepared to go back to Malappuram District and for that she has filed a representation as per Ext.P11. It is pointed out that in another instance, one Shri L.Mohanan approached this Court seeking for a similar prayer and this Court by Ext.P12 Judgment in W.P.(C).No.36672/2007 directed the Government to consider the said request and pass appropriate order and the Government has finally accepted his request as evident from Ext.P13 order. 4. It is upto the Government to take a decision on Ext.P11 in accordance with law. I am not expressing anything on the merits of the matter. The representation Ext.P11 will be disposed of by the Government after hearing the petitioner and any other necessary parties within a period of three months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms