IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 27958 of 2010(T) -------------------------- PETITIONER(S): --------------- A.G.RENUKADEVI, W/O.LATE P.P.MURALEEDHARAN NAIR, L.D.TYPIST, SREE KERALA VARMA COLLEGE, THRISSUR. BY ADV. MR.P.DEEPAK MRS.APARNA RAJAN RESPONDENTS: ------------------ 1. PRINCIPAL, SREE KERALA VARMA COLLEGE, THRISSUR-680 003. 2. COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY-680 001. 3. THE SPECIAL COMMISSIONER, COCHIN DEVASWOM BOARD-680 001. ADV. MR.N.RAGHURAJ,SC,COCHIN DEVASWOM BOARD FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C) No.27958 OF 2010 ------------------------------------ Dated this the 17th day of September, 2010 J U D G M E N T The petitioner is a typist in the Colleges managed by the Cochin Devaswom Board. The petitioner was appointed on compassionate grounds under the Compassionate Employment Scheme. The petitioner was originally at Sree Kerala Varma College. Since another College under the same management Sree Vivekananda College required the services of a typist, the Devaswom Board required the petitioner to work as typist in Sree Vivekananda College for two days in a week. According to the petitioner, the law did not permit such an arrangement. While so, the petitioner was permanently transferred from Sree Kerala Varma College to Sree Vivekananda College. That transfer is under challenge in this writ petition. The petitioner has stated various personal difficulties caused on account of the untimely transfer. According to the petitioner, the Principal of the Sree Kerala Varma College has also expressed difficulties on account W.P.(c)No.27958/10 2 of transfer of the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) call for the records leading to Ext.P6 and to quash the same by the issue of a writ in the nature of certiorari or any other such appropriate writ, order or direction; ii) issue a writ of mandamus commanding the respondents to permit the petitioner to continue as typist in Sree Kerala Varma College so long as the post held by petitioner is sanctioned in accordance with the staff fixation order issued by the Director of Collegiate Education. iii) issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice on the facts and in the circumstances of the instant case” 2. The learned Standing Counsel for the Cochin Devaswom Board on instructions submits that there is no typist at Sree Vivekananda College and it is purely in the exigencies of service that the petitioner had to be transferred to that College so that both College can function with at least one typist. He submits that by the end of this academic year in March 2011, if circumstances work out in favour of the petitioner, it may be possible for the management to consider the claim of the petitioner for transfer back to Sree Kerala Varma College and if the petitioner puts in a representation in respect thereof, the same would be duly considered by the W.P.(c)No.27958/10 3 Board. 3. After hearing both sides, I am of opinion that the second respondent should consider the case of the petitioner sympathetically, in view of the various personal difficulties pointed out by the petitioner. 4. In the above circumstances, I dispose of this writ petition with the following directions: The petitioner may file a detailed representation explaining the various difficulties she is now facing because of the present transfer. The respondents shall consider the same as sympathetically as possible so that at least by next academic year the petitioner can be considered for transfer to Sree Kerala Varma College. The same shall be done before the end of this academic year. S. SIRI JAGAN, JUDGE acd W.P.(c)No.27958/10 4 W.P.(c)No.27958/10 5