IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 35653 of 2009(B) -------------------------- PETITIONER: --------------- VALSALA V.V., AGED 47 YEARS, W/O.VELUNNI, H.S.A (NATURAL SCIENCE), MOUNT CARMEL HS, MAMANNA, JELLIPPARA, ATTAPADI, PALAKKAD, PERMANENTLY RESIDING AT "SREE SAILAM", KONNANCHERY, AYAKAD P.O., PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM, PALAKKAD. 5. THE HEADMASTER, CVM HIGH SCHOOL, VANDAZHI, PALAKKAD DISTRICT. 6. CORPORATE MANAGER, LOURD MATHA HIGH SCHOOL, MANGALAM DAM P.O., VANDAZHI, PALAKKAD DISTRICT. 7. HEADMISTRESS, MOUNT CARMEL HIGH SCHOOL, MAMANNA, JELLIPPARA, ATTAPADI, PALAKKAD. BY GOVT. PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35653 of 2009 -------------------------- Dated this the 10th December,2009 J U D G M E N T The petitioner is working as High School Assistant (Natural Science) in Mount Carmel High School, Mamanna, Jellippara in Attapadi in Palakkad District. Petitioner was promoted as High School Assistant (Natural Science) with effect from 1.6.1998 and was continuing in CVM High School, Vandazhi in Palakkad District. During the academic year 2008-2009, the petitioner became surplus and accordingly she was deployed to 7th respondent school in Attappadi as per the proceedings Ext. P1 issued by the 3rd respondent. Accordingly she was relieved from the 5th respondent school as per Ext.P2 and reported for duty in the 7th respondent's school. 2. Petitioner's case in the writ petition is that the said school is situated more than 150 kms away from her house which is a hill track area. The climate conditions therein is really adverse and it really affects her physical condition. Further she is unable to look after the affairs W.P ( C) No.35653 of 2009 2 of her family also and she is now suffering from facial paralysis. 3. Pointing out that there is an existing vacancy in the 6th respondent's school, petitioner has filed a representation before the Deputy Director of Education as per Ext.P4. Petitioner prays that the same may be directed to be considered, in accordance with law. 4. If Ext.P4 has been received and is still pending, the 3rd respondent will take a decision after considering various aspects pointed out by the petitioner, within a period of one month from the date of production of a copy of this judgment. Petitioner will produce a copy of the writ petition along with a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.35653 of 2009 3 W.P ( C) No.35653 of 2009 4