IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 17295 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------- SMT.ANUPAMA R., W/O.A.BALAKRISHNAN, AGED 32 YEARS, RESIDING AT KERALA CLAYS AND CERAMIC QUARTERS, CHINA CLAY COMPOUND, KANNAPURAM, POST MOTTAMMAL, KANNUR DISTRICT. BY ADV. MR.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 4. THE ADMINISTRATIVE ASSISTANT (IN FULL ADDITIONAL CHARGE OF THE) DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17295/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE JOINT SECRETARY, GOVERNMENT OF KERALA, SC/ST DEVELOPMENT (F) DEPARTMENT DTD.23/06/2007. P2: COPY OF THE ORDER OF THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF KERALA, SC/ST DEVELOPMENT (F) DEPARTMENT DTD. 28/07/2008. P3: COPY OF THE ORDER OF THE MANAGING DIRECTOR OF THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM DTD. 06/04/2009. P4: COPY OF THE REPRESENTATION DTD. 08/04/2009 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. P5: COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT DTD. 19/05/2009. P6: COPY OF THE ORDER OF THE ADMINISTRATIVE ASSISTANT IN FULL ADDITIONAL CHARGE OF THE DEPUTY DIRECTOR OF EDUCATION, KASARGOD DTD. 23/05/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17295 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009. JUDGMENT Aggrieved by Ext.P6 order, the petitioner has approached this court by filing this writ petition. The petitioner is at present working as P.D. Teacher in Govt. Lower Primary School, Chalingal in Kasargod District. She was on deputation in the SC/ST Department pursuant to Ext.P1 order passed by the Government. The period of deputation was extended by one more year as per Ext.P2. On expiry of the period of deputation, she was reverted back to the parent department and was relieved from duty on 7.4.2009 and reported before the Deputy Director of Education for a suitable posting. By Ext.P5, she was ordered to be posted in Govt. L.P. School, Chalingal. Thereafter, by Ext.P6 a modified order was passed which is under challenge in this writ petition. The grievance raised by the petitioner is that the vacancy to which she has been posted, is very convenient to her and Ext.P6 order, if implemented, will result in another transfer to her. 2. Learned Govt. Pleader on instructions, submitted that the claim of seniors have to be considered during the general transfer, 2009. It is in wpc 17295/2009 2 these circumstances, Ext.P6 order was passed. Again, it is informed that there are vacancies in Mangalpady GBLPS, Mangalpady GHWLPS and Paivaliga Nagar GHSS and the petitioner can be reposted against the resultant vacancy according to her convenience, without overlooking the seniority of other teachers. After getting instructions, learned counsel for the petitioner submitted that the school, viz. Mangalpady GBLPS will be convenient to the petitioner, comparatively. It is submitted that the said school is also at a distance of 120 kms. away from her present residential house. It is pointed out that another vacancy has arisen in G.H.S.S., Chayyoth a few days back. It is requested that her claim for a posting in that school may be considered at the time of general transfer. 3. It is pointed out by the learned counsel for the petitioner that the petitioner's husband is working in Kerala Clays and Ceramics Limited., Kannur and the children are studying in Kannur. 4. If the petitioner files an appropriate representation before the third respondent seeking for a suitable posting, the same will be considered along with the claim of others. It is submitted by the learned Govt. Pleader that within three weeks, appropriate orders can be passed in the matter. Therefore, if the petitioner files a representation before the third respondent without four days from today along with a copy of this judgment, it will be wpc 17295/2009 3 considered and appropriate orders will be passed by the third respondent within a period of three weeks thereafter. Till then, the petitioner will be retained in the present school. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/