IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 23801 of 2008(H) --------------------------------------- PETITIONER(S): ----------------------- GIRIJA N.P, AGED 39 YEARS, D/O.V.N. PARAMESWARAN NAMBOODIRI, NOW RESIDING AT AKKORATH MANA , P.O. NHANGATTIRI, PATTAMBI, PALAKKAD DISTRICT, (H.S.A. (MATHS), GOVT. H.S. CHATHANNOOR) BY ADVS. MR.SANTHEEP ANKARATH MR.V.C.MADHAVANKUTTY RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD. 4. THE HEADMASTER, GOVT. HIGH SCHOOL, AGALI. 5. THE HEADMASTER, GOVT. HIGH SCHOOL, CHATHANNOOR. R1 TO R5 BY GOVERNMENT PLEADER MT.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23801/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER. P2:- COPY OF THE ORDER NO.A1/10147/08 DTD. 28.7.08 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE REPRESENTATION DTD. 5.8.08 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.23801 of 2008 -------------------------- Dated this the 18th November,2009 J U D G M E N T The petitioner, who is working as H.S.A (Maths) in Government High School, Chathannoor, filed this writ petition aggrieved by Ext.P2, whereby, she was stated as an excess teacher and accordingly was ordered to be transferred to another school. 2. While admitting this writ petition, this Court had passed an interim order and on the basis of the interim order, the petitioner is continuing even now. 3. Learned Government Pleader, on instructions, submitted that in the same school a vacancy has occurred after retirement of a teacher in the current year and the petitioner could be accommodated in the said vacancy. Therefore, appropriate action will be taken to retain the petitioner in the said vacancy. In the result, the writ petition is disposed of directing the Deputy Director of Education, the 3rd respondent to W.P ( C) No.23801 of 2008 2 pass appropriate orders to retain the petitioner in the said retirement vacancy. No Costs. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.23801 of 2008 3