IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21353 of 2008(P) -------------------------- PETITIONER: ------------------ SOPHIYAMMA.K.M., G.H.S.S. KUTTAMATH, CHERUVATHUR, KASARAGOD. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 3. PREETHA P.V., PHYSICAL EDUCATION TEACHER (H.S) G.V.H.S. MOGRAL, P.O.MOGRAL, KASARAGOD. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 21353 OF 2008 ............................................................................ Dated this the 16th July, 2008 J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to the third respondent. Government Pleader takes notice for respondent Nos. 1 and 2. 2. The petitioner is a Physical Education teacher in the G.H.S.S., Kuttamath, Kasaragod District. The petitioner joined service on 27.11.1990 as Physical Education teacher. It is stated that she had worked in several places. The petitioner is a native of Payyannur and she is due to retire from service in the year 2014. It is also stated that the petitioner has to maintain two daughters who are studying in primary classes. According to the petitioner, her father is an acute heart patient. The petitioner had made a representation at the time of General Transfer of 2008 requesting for a transfer to G.H.S.S., South Thrikaripur. The petitioner states that instead of transferring her to G.H.S.S., South Thrikaripur, the third respondent P.V. Preetha was transferred to the said station. The third respondent is due to retire from service, according to the petitioner, only in the year 2028. 3. Pointing out the grievances of the petitioner, she has submitted Ext. P1 representation dated 16.06.2008 before the Deputy Director of Education, Kasaragod requesting to re-consider her request for transfer to G.H.S.S., South Thrikaripur and to pass appropriate orders. Ext. P1 is pending disposal. 4. The prayer of the petitioner is to issue a writ of mandamus directing the Deputy Director of Education, Kasaragod to consider and take a decision on Ext. P1 representation within a time frame. W.P.(C) No. 21353 OF 2008 2 5. After hearing learned counsel for the petitioner and the Government Pleader, the Writ Petition is disposed of in the following manner: i) The Deputy Director of Education, Kasaragod shall consider and dispose of Ext.P1 representation submitted by the petitioner after affording an opportunity of being heard to the petitioner and the third respondent, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. ii) The petitioner shall send a copy of the judgment to the third respondent by registered post and shall produce proof of the same before the Deputy Director of Education. iii) The petitioner and the third respondent would be entitled to produce such other materials and documents, as are relevant, before the Deputy Director of Education for the proper and effective consideration of Ext.P1 representation and in support of their respective contentions. iv) It is made clear that I have not expressed any opinion on the merits of the case. v) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Deputy Director of Education. K.T. SANKARAN, JUDGE. lk