IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31536 of 2011(N) --------------------------------------- PETITIONER: ------------------- MITHRA.K., W/O. PRADEEP KUMAR, AGED 34 YEARS, VACATIONAL TEACHER, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KANHANGAD.P.O., KASARGODE DISTRICT. BY ADVS. SMT.A.SREEKALA, SMT.C.R.DIYA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, V.H.S.E. DIRECTORATE, THIRUVANANTHAPURAM-695 001. 3. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KANHANGAD.P.O., KASARAGODE DISTRICT. 4. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, ETTUMANOOR.P.O., KOTTAYAM DISTRICT, PIN - 686 631. R1 TO R3 BY SR. GOVT. PLEADER SRI. M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31536/2011-N: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE ADVICE MEMO DATED 20-04-2009. EXT.P2 : TRUE COPY OF THE ADVICE LIST. EXT.P3: TRUE COPY OF THE TRANSFER APPLICATION FILED BY THE PETITIONER DATED 19-08-2009. EXT.P4: TRUE COPY OF THE TRANSFER APPLICATION FILED BY THE PETITIONER DATED 14-09-2009. EXT.P5: TRUE COPY OF THE TRANSFER APPLICATION FILED BY THE PETITIONER DATED 17-09-2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31536/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of November, 2011 J U D G M E N T The petitioner seeks for a direction to the second respondent to consider Ext.P5 application for transfer in an existing leave vacancy in Government Vocational Higher Secondary School, Ettumanoor. 2. It is a case where the petitioner joined as Vocational Teacher-Medical Laboratory Technician in the Government Vocational Higher Secondary School in Kasaragod District as per Ext.P1 advice. It is stated that she was not given appointment in any of the five posts in Kottayam District. But, persons below her in the advice list whose names are given in para.3 of the writ petition have been appointed in Kottayam District. Subsequent to her joining duty, when a vacancy arose in Ernakulam District, she filed an application for transfer but that was not favourably granted. W.P.(C). No.31536/2011 -:2:- 3. It is submitted that the petitioner along with her with her two daughters, aged 5 and 3 years, are living in Kasaragod District without the help of anybody else, as her husband is working as a Clerk in the District Co-operative Bank, Idukki from which post there is no possibility for getting any transfer. Her father is residing in her residence at Kottayam District. At present a vacancy in Government Vocational Higher Secondary School, Ettumanoor has arisen due to availing of long leave by one Smt.Cerene Cyriac for five years which starts from 01/12/2011. It is in that context also that the petitioner has forwarded Ext.P5 application for transfer. 4. Heard the learned Government Pleader for respondents. It is upto the second respondent to take a decision before filling up the above noted vacancy. There will be a direction to the second respondent to take a decision on the request made by the petitioner as per Ext.P5 as expeditiously as possible, in terms of the applications called for, for general transfer, with W.P.(C). No.31536/2011 -:3:- specific reference to the claim of the petitioner for the said leave vacancy within two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms