IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 489 of 2009(G) ------------------------ PETITIONER: --------------- LIZY JOHN, AGED 45, TEACHER (PROTECTED), G.H.S., MALAMPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.K.K.RAMACHANDRAN PILLAI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY GOVT.GENERAL EDUCATION DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD. 4. THE HEADMASTER, G.H.S. MALAMPUZHA, PALAKKAD DIST. BY GOVERNMENT PLEADER SHRI.A.J.VARGHE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 489 of 2009-G --------------------------------------------- Dated this the 22nd January, 2009. J U D G M E N T It is stated that the petitioner, a Selection Grade Teacher, has rendered more than 23 years of service. She was retrenched from the service on 13.6.1996. However, she was accommodated as Assistant Teacher in G.U.P School, Karimba, w.e.f. 14.6.1996. Thereafter she was transferred to G.H.S Malampuzha. The petitioner is now working as protected teacher at G.H.S Malampuzha. 2. As per Ext.P1 order dated 29.11.2008, passed by the 2nd respondent, Deputy Director of Education, petitioner has been absorbed in Mount Carmel L.P.S, Mamanna. The petitioner contents that Mount Carmel L.P.S, Mamanna is situated in a hilly area and due to illness and other personal difficulties she is not in a position to join at Mount Carmel L.P.S, Mamanna. Pointing out her grievance, the petitioner submitted Ext.P6 representation dated 19.12.2008 and Ext.P7 representation dated 29.12.2008 to the 2nd respondent. Exts.P6 and P7 are not disposed of. 3. The reliefs prayed for in the Writ Petition are the following: “a) call for the records leading up to Ext.P1 to P9 and quash Ext.P1 to the extent it relates to the petitioner, item 10 in Ext.P1, by the issue of a writ of certiorari, or other appropriate writ, order or direction, in the light of Ext.P8 G.O (P)No.226/2003/G.Edn. Dated 14.8.2003. b) issue a writ of mandamus or other appropriate writ, order or direction directing the second respondent to W.P(C) No. 489 of 2009-G : 2 : consider and dispose of Exts.P6 and P7 representations dated 19.12.2008 and 29.12.2008 submitted by the petitioner before the second respondent immediately. c) issue a writ of mandamus or other appropriate writ, order or direction commanding the second respondent to stay follow up action against the petitioner pursuant to Ext.P1 and direct the third and fourth respondents Assistant Educational Officer and the Headmistress not to relieve the petitioner from the present station, allowing her to continue at the present station. d) pass further orders as are deemed fit by this Honourable Court to grant.” 4. The learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if a direction is issued to the 2nd respondent to dispose of Exts.P6 and P7 expeditiously, leaving open the other contentions of the petitioner to be taken at the appropriate stage. Senior Government Pleader submitted that at the place in which the petitioner sought herself to be accommodated, there is no vacancy to which a protected teacher can be accommodated. The vacancies available there are to be filled up by direct recruitment. 5. In the facts and circumstances of the case, the Writ Petition is disposed of directing the 2nd respondent to consider and dispose of Exts.P6 and P7 as expeditiously as possible and at any rate W.P(C) No. 489 of 2009-G : 3 : within a period of six weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party. It made clear that I have not expressed any opinion on the merits of the claim put forward by the petitioner or regarding the defence made by the learned Government Pleader. The petitioner shall produce a copy of the writ petition and certified copy of the judgment before the 2nd respondent. The petitioner shall also send a copy of the judgment and a copy of the Writ Petition to the 4th respondent by registered post and shall produce proof of the same before the 2nd respondent. K.T.SANKARAN JUDGE ab W.P(C) No. 489 of 2009-G : 4 :