IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16229 of 2008(F) -------------------------- PETITIONER: --------------------- JAYASREE.V.T., H.S.A. PHYSICAL SCIENCE, GOVT. HIGHER SECONDARY SCHOOL,PATTIKKAD. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM ADV. SMT.MABLE.C.KURIAN RESPONDENTS: ----------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, GENERAL EDUCATION DEPARTMENT, MALAPPURAM, MALAPPURAM DISTRICT. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS GENERAL EDUCATION, THIRUVANANTHAPURAM. 3. PREETHI JOSEPH, HSA, GOVERNMENT HIGHER SECONDARY SCHOOL, PANG, MALAPPPURAM DISTRICT. BY GOVT. PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 16229 OF 2008 ............................................................................ Dated this the 30th May, 2008 J U D G M E N T In the manner in which I propose to dispose of this Writ Petition, I do not think that it is necessary to issue notice to the third respondent. 2. The petitioner is working as HSA ( Physical Science ) in the Government Higher Secondary School, Pattikkad, Malappuram district. It is stated that the petitioner's permanent residence is at Pulamanthole, 17 Kms away from Pattikkad. The Petitioner requested for a transfer to G.H.S.S., Pulamanthole. That request is not seen granted while passing Ext.P2 general transfer order. Aggrieved by Ext.P2 to the extent that the petitioner is not granted transfer to Pulamanthole, she submitted Ext. P3 representation before the Deputy Director of Education, Malappuram. In Ext.P3, it is stated that though the petitioner requested for a transfer to G.H.S.S., Pulamanthole, one Preethi Joseph (3rd respondent) who is junior to the petitioner, was transferred to G.H.S.S., Pulamanthole. Learned counsel for the petitioner submitted that the third respondent may not have much grievance, if the petitioner is given a transfer to G.H.S.S., Pulamanthole. 3. Ext.P3 representation is pending consideration before the Deputy Director of Education, Malappuram. 4. The reliefs prayed for in the Writ Petition are the following: W.P.(C) No. 16229 OF 2008 2 “i) To issue a writ of certiorari or any other appropriate writ or order or direction calling for the records leading to Ext.P2 to the extent of transferring the third respondent from GHSS, Pang to GHSS, Pulamanthole. ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the first respondent to transfer the petitioner from GHSS, Pattikkad to GHSS , Pulamanthole. iii) To stay the operation of Ext.P2 to the extent of transferring the third respondent from GHSS, Pang to GHSS, Pulamanthole until a decision is taken by the first respondent in Ext.P3 representation. iv) To issue a writ of mandamus or any other appropriate writ or order or direction directing the first respondent to dispose of Ext.P3 representation within a time frame fixed by this Honourable Court. v) To grant such other relief in favour of the petitioner as this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case. “ 5. I do not think that the petitioner is entitled to the reliefs prayed for in the Writ Petition except relief No.4. The petitioner is satisfied with the relief No.4 for the time being. Therefore, it is stated that relief Nos. 1 to 3 are not pressed. For the aforesaid reasons, the Writ Petition is disposed of directing the Deputy Director of Education, Malappuram to dispose of Ext.P3 representation submitted by the petitioner, after affording an opportunity of being heard to the petitioner and all affected parties. A copy of this judgment shall be forwarded by the petitioner to the 3rd W.P.(C) No. 16229 OF 2008 3 respondent by registered post and the proof of the same shall be produced by her before the Deputy Director of Education, Malappuram before consideration of Ext.P3 representation. The Deputy Director of Education, Malappuram shall dispose of Ext.P3 within a period of one month from today. K.T. SANKARAN, JUDGE. lk