IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15096 of 2009(F) -------------------------------------- PETITIONER: ------------------- PHILO MAGIE, D/O.LASSER, H.S.A (ENGLISH), M.C.C.HIGH SCHOOL, KOZHIKODE-1. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS: ------------------------ 1. CORPORATE MANAGER, CSI SCHOOLS IN MALABAR AND WAYANAD, CSI CORPORATE MANAGER'S OFFICE, BANK ROAD, KOZHIKODE. 2. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 3. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. MAY SMITHA DAVID, HSA (ENGLISH), B.E.M.HIGH SCHOOL, PARAPPANANGADI. R2 TO R4 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15096/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner is working as High School Assistant (English) in M.C.C. High School, Kozhikode. She is the senior-most English teacher in the school. She was originally appointed as U.P.S.A at B.E.M. High School, Palakkad on 05/01/1990 in a leave vacancy. The petitioner's tenure in the present school started in the year 2002. 2. The petitioner is aggrieved by Ext.P1 order of transfer by which she has been transferred to C.M.S High School, Arapetta, Wayanad District. She is a widow. She has got two children. Her son is studying in Plus Two course in Technical Higher Secondary School, IHRD, Kozhikode and her daughter is studying in Std.VIII in St.Joseph Anglo Indian High School, Kozhikode. It will be difficult for them to get admission at this distance of time in any other school, points out the petitioner. Her parents are residing far away and in her absence there will be nobody to look after the children. The petitioner has not been relieved from the school. 3. The order is challenged on various grounds before the Director of Public Instruction, Ext.P4. Ext.P4 is dated 31.05.2009. The order of W.P.(C). No.15096/2009 -:2:- transfer is dated 28/05/2009. Therefore, there will be a direction to the fourth respondent to consider and pass orders on Ext.P4, after hearing the petitioner, the Manager and the 5th respondent, within a period of six weeks from the date of receipt of the copy of this judgment. The order of transfer, Ext.P1 will be kept in abeyance till orders are passed by the fourth respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms