IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 14953 of 2011(T) -------------------------- PETITIONER(S): --------------- VINEETHA MATHAN, W/O. RAJAN, AGED 35 YEARS, PD TEACHER, GLPS, MUCHILIDE, BEKAL EDUCATIONAL DISTRICT, KASARAGODE. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, DD OFFICE, KASARAGODE. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14953/2011-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of June, 2011 J U D G M E N T The petitioner is working as P.D.Teacher in G.L.P.School, Muchilode which is under the Bekal Educational District of Kasargode District, and is nearly 30 kms away from the residence of the petitioner. It is pointed out that one of her sons is physically disabled having 90% permanent speech and hearing impairment and, being the youngest son, petitioner submits that he requires constant care also. In these circumstances, seeking for a transfer to a nearby school, the she has submitted Ext.P2 application. It is further pointed out that in the Udumbanthala G.L.P.School, which is only 5 kms away from the petitioner's residence, there is a vacancy of P.D Teacher and it is shown as third choice in Ext.P2 application. Even though the petitioner submitted the application, in the provisional list she has not been included and, thereafter, she filed Ext.P3 representation before the third respondent. Ext.P4 is W.P.(C). No.14953/2011 -:2:- the further representation filed before the Director of Public Instruction. 2. The learned counsel for the petitioner therefore prays that before finalisation of the list, her representation may be directed to be considered. In the light of the compassionate grounds raised by the petitioner and other factors pointed out, there will be a direction to the Director of Public Instruction to consider the representation submitted by the petitioner as per Ext.P4 before finalising the provisional list of transfer. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the second respondent for compliance. 3. It is submitted by the learned counsel for the petitioner that the vacancy pointed out by the petitioner in Udumbanthala G.L.P.School, has not been filled up so far and till consideration of her representation, it is prayed that no other teachers may be posted there. In the light of the direction to consider her claim in that vacancy, there will be a W.P.(C). No.14953/2011 -:3:- further direction not to fill-up the said vacancy till the representation of the petitioner is considered. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE