IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 22583 of 2009(P) ---------------------------------------- PETITIONER(S): ---------------------- G.RADHAMMA, L.G.SANSKRIT TEACHER, GOVERNMENT UPPER PRIMARY SCHOOL, ENNAKKAD, ALAPPUZHA DISTRICT. BY ADVS.MR.V.P.SUKUMAR MR.KURYAN THOMAS RESPONDENT(S): -------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22583/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 13.7.09 PASSED BY THE IST RESPONDENT. P2:- COPY OF THE GO(P) NO.226/03/G.EDN. DTD. 14.8.03. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22583 OF 2009 --------------------------------------- Dated this the 9th day of October, 2009. J U D G M E N T The petitioner is working as L.G.Sanskrit Teacher in the Government Upper Primary School, Ennakkad in Alappuzha District. She was originally appointed as L.G.Sanskrit Teacher in Karayogam U.P.School, Pavukkara in Alappuzha District. She had been there from July 1979 to June 1987. Thereafter, due to division fall, she was transferred as a protected teacher to Government Mohammadan U.P.S., Kollakadavu in Alappuzha District. 2. The petitioner's transfer in June 1988 was based on a representation submitted by her on account of her ill-health. Accordingly, she was transferred to Government U.P.S., Ennakkad. Again she was transferred back to the parent school in January 1990 and she worked there till March 2003. After that the petitioner was transferred to Mohammadan U.P.S., Kollakadavu in April 2003 and again on account of her ill-health, W.P.(C) No.22583/2009 2 she was transferred to Government U.P.S, Ennakkad on 24.06.2003 where she is continuing even now. The petitioner has completed 55 years of age on 19.06.2009 and she is due to retire from service on 31.03.2010. It is at this stage, she was ordered to be transferred to Payippad U.P.School by Exhibit P1, which is under challenge in this writ petition. This Court granted an interim order permitting the petitioner to continue in the present school. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. Mainly it is contended that since the petitioner is retiring from service, she is entitled to continue in a station of her choice. It is also contended that, going by Exhibit P2, the petitioner who has completed more than 23 years of service as on 14.08.2003 is entitled to continue in the same school where she is working. This aspect has not been considered while passing Exhibit P1, it is submitted. 5. In the light of the factual situation that is emerging and especially due to the fact that the petitioner is due to retire from W.P.(C) No.22583/2009 3 service on 31.03.2010, it is only appropriate that the petitioner is allowed to continue in the present school till her retirement. Therefore, this writ petition is allowed. Exhibit P1 order is quashed. There will be a direction to retain the petitioner in the Government U.P.S, Ennakkad till her retirement from service on 31.03.2010. T.R. RAMACHANDRAN NAIR JUDGE smp