IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 25941 of 2009(K) -------------------------------- PETITIONER: -------------- SREELEKHA.S.K., HIGHER SECONDARY SCHOOL TEACHER-HINDI, GHSS, KADAMMANITTA, PATHANAMTHITTA DISTRICT. BY MR.KALEESWARAM RAJ, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25941 OF 2009 --------------------------------------- Dated this the 7th day of October, 2009. J U D G M E N T The petitioner is presently working as Higher Secondary School Teacher (Hindi) in the Government Higher Secondary School, Kadammanitta in Pathanamthitta District. She has been working there since 06.09.2007. Her husband is working as Assistant Surgeon in Government Medical Service, Tamilnadu State at Kulasekharam in Kanyakumari District. Since the petitioner and her husband are working in two different districts, it is submitted that they are facing personal difficulties to manage the family affairs. 2. Earlier the petitioner filed appropriate representations seeking for a transfer to Trivandrum District. Exhibits P4 and P5 are the representations thus filed. The petitioner had approached this Court by filing W.P.(C) No.29839/2008 and Exhibit P6 is the copy of the judgment in the said writ petition. In terms of the directions issued, the claim of the petitioner was considered, but W.P.(C) No.25941/2009 2 rejected as per Exhibit P7. 3. In Exhibit P7, the plea for transfer to Trivandrum District was rejected mainly for the reason that there is no vacancy of H.S.S.T (Hindi) in any of the schools pointed out by the petitioner or in any schools in Trivandrum District. 4. The petitioner, in Exhibit P8, has pointed out two existing vacancies in Trivandrum District namely, in Government Higher Secondary School, Balaramapuram and in Government Boys' Higher Secondary School, Pettah, Trivandrum. One vacancy has arisen due to promotion and another consequent on retirement of a teacher. It is in these circumstances, the petitioner has approached this Court seeking for a direction to the 2nd respondent to transfer her to Trivandrum district, in any of the existing vacancies. 5. As directed by this Court, a statement has been filed on behalf of the 2nd respondent. The existence of the two vacancies have been admitted in the statement. It is pointed out that the application for general transfer will be invited soon after resolving the issue regarding appointment of Principals in the Higher W.P.(C) No.25941/2009 3 Secondary School and the general transfer can be effected only after inviting applications from the Higher Secondary School Teachers. It is also pointed out that there are other seniors also whose claims will have to be considered. Therefore, if the petitioner submits an application pursuant to the invitation of application of teachers for general transfer, her plea will be considered sympathetically in any of the vacancies apart from the vacancies pointed out in the writ petition along with the applications of others and in accordance with the norms and appropriate orders shall be passed after considering her claim also. With the above observation, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp