IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3206 of 2009(F) ------------------------- PETITIONER: --------------- BINDHU.K., HIGHER SECONDARY SCHOOL TEACHER, GOVERNMENT S.M.H.S.S., THATHAMANGALAM, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 3206 of 2009-F --------------------------------------------- Dated this the 30th January, 2009. J U D G M E N T The petitioner states that she was temporarily appointed as Higher Secondary School Teacher in History and posted in Government Higher Secondary School, Ganeshgiri, Shornur, as per Ext.P1. On 30.7.2005 the petitioner was transferred to the Government S.M Higher Secondary School, Thathamangalam. The petitioner states that her temporary appointment was later regularised as per Ext.P2. The petitioner is staying at Olavakkode and she says that she has to travel 25 kilometers to reach Thathamangalam. She submitted Ext.P3 application requesting for a transfer to any of the Schools mentioned in the application. Ext.P3 is not disposed of so far. 2. The relief prayed for by the petitioner are the following: “i) issue a writ in the nature of mandamus directing the second respondent to consider Ext.P3 on merits after affording to the petitioner a reasonable opportunity of being heard; ii) issue a writ in the nature of mandamus directing the second respondent to consider the request for a transfer in the light of Ext.P4 medical certificate and diagnosis report produced; iii) issue such other writ, order or direction as this Honourable Court deems fit and proper in the circumstances of the case.” 3. The learned Senior counsel for the petitioner submits that W.P(C) No. 3206 of 2009-F 2 for the time being the petitioner would be satisfied if a direction is issued to the 2nd respondent to consider and dispose of Exhibit P3. The learned Government Pleader submitted that the Director of Higher Secondary Education will dispose of Ext.P3 without delay. In the facts and circumstances of the case, the Writ Petition is disposed of, as follows: i) The Director of Higher Secondary Education shall consider and dispose of Ext.P3 application submitted by the petitioner on the merits, as expeditiously as possible and at any rate within one month from the date of receipt of a copy of the judgment. It is made clear that the Director, Higher Secondary Education need not afford an opportunity of being heard to the petitioner and the petitioner waives the said right. ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Higher Secondary Education. iii) The petitioner is also free to submit a detailed representation before the Director, Higher Secondary Education in support of her request in Ext.P3. K.T.SANKARAN JUDGE ab W.P(C) No. 3206 of 2009-F 3 W.P(C) No. 3206 of 2009-F 4 W.P(C) No. 3206 of 2009-F 5 W.P(C) No. 3206 of 2009-F 6