IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 15708 of 2008(T) -------------------------- PETITIONER: ------------ PREETHA.M.,P.D.TEACHER,G.U.P.S.CHERIYOOR PO.KUTTIYERI, KANNUR DISTRICT, PIN.670141 BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KANNUR 4. DISTRICT EDUCATIONAL OFFICER, KANNUR 5. SIVAJI, PD TEACHER,G.H.S. MATHAMANGALAM, KANNUR. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.15708 of 2008 T -------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T The petitioner is working as P.D.Teacher in G.U.P.S., Cheriyoor in Kannur District. She filed Ext.P1 application dated 21.2.2007 requesting for transfer to G.H.S., Mathamangalam. Three schools were shown in Ext.P1 application in the order of preference. The first among the three is G.H.S., Mathamangalam. It is stated that in the seniority list prepared for the purpose of general transfer, the petitioner was shown as Sl.No.6 and that persons upto Sl.No.5 were given transfer to the places opted by them. It is further stated that a vacancy arose in G.H.S., Mathamangalam, but the petitioner was not given transfer. On the other hand, respondent No.5 who had already been given one transfer as per request, was again given transfer to G.H.S., Mathamangalam. It is contended that the guidelines were violated at the time of effecting transfer. The petitioner submitted Ext.P5 representation dated 4.2.2008 before the first respondent. Ext.P6 representation dated 4.2.2008 was submitted to the second respondent. Stating that the guidelines were violated and that the transfer was illegal, the petitioner filed W.P.(C) No.5243/2008 before this Court which was disposed of as per Ext.P10 judgment dated 13.2.2008. A direction was issued to the Director of Public Instruction, WP(C) No.15708/2008 2 Thiruvananthapuram to consider and pass appropriate orders on the representation submitted by the petitioner within a period of one month. The Director of Public Instruction, thereafter passed Ext.P11 order dated 26.3.2008 rejecting the request made by the petitioner in the representation. The petitioner has now filed Ext.P12 representation dated 28.5.2008 before the Government. Ext.P12 was submitted after the filing of Writ Petition. 2. The reliefs prayed for in the Writ Petition read as follows:- “Hence it is respectfully prayed that this Hon'ble Court may be pleased: i) To issue a writ of certiorari quashing Ext.P11 as erroneous, unjust, illegal and unsustainable; ii) to issue a writ of certiorari quashing Ext.P3 to the extent to which transfer to the 5th respondent from GUPS Kakkara to GHS Mathamangalam; WP(C) No.15708/2008 3 iii) to issue a writ of mandamus directing the 3rd respondent to transfer the petitioner from the present school to GHS Mathamangalam; iv) to declare that the petitioner is eligible to get a transfer from the present school to GHS Mathamangalam, instead of the 5th respondent; v) to declare that denial of transfer to the petitioner to GHS Mathamangalam is unjust, illegal and arbitrary; vi) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.” 3. Since the petitioner has submitted Ext.P12 representation dated 28.5.2008 before the Government, it would more appropriate for the petitioner to pursue that remedy. The learned Government Pleader submits that the representation would be disposed of by the Government expeditiously and at any rate within a period of two months. WP(C) No.15708/2008 4 Accordingly, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P12 representation dated 28.5.2008 as expeditiously as possible and at any rate within a period of two months. The petitioner shall produce a copy of the judgment and a copy of the Writ Petition before the first respondent for appropriate and effective consideration of Ext.P12 representation. If the petitioner desires to be heard in person by the first respondent, she may make such a request while producing the copy of the judgment as aforesaid. K.T. SANKARAN, JUDGE. cks