IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 23417 of 2010(B) -------------------------- PETITIONER(S): --------------- SUJATHAMBIKA K.R., W/O.SUKUMARAN, AGED 49, PATHAPAMATTATHIL HOUSE, KARIMUGAL P.O., ERNAKULAM, HEADMISTRESS, GOVT.M.I.U.P.S., VELIYATHUNADU, ERNAKULAM DISTRICT. BY ADV. SRI.T.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, DEPUTY DIRECTOR OFFICE, CIVIL STATION, ERNAKULAM. 4. M.K.JAYASREE W/O.P.S.MOHANAN, H.M.GOVT. U.P.S. PUTHENCRUZE-682 308. BY G.P.SRI.DILIP MOHAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2010, ALONG WITH W.P.(C)NO.24611 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)Nos.23417 & 24611 of 2010 ---------------------------------------- Dated 6th August, 2010 JUDGMENT These writ petitions are filed by one and the same person who is presently holding the post of Headmistress in Govt. M.I. U.P. School, Veliyathunadu. W.P.(C)No.23417 of 2010 has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to transfer the petitioner to Government U.P.School, Puthencruz after transferring the fourth respondent from the said school. A statement has been filed in the said writ petition by the third respondent. It is specifically stated therein that the fourth respondent is senior to the petitioner and being the senior claimant the fourth respondent was accommodated against the vacancy that was available in Government U.P.School, Puthencruz and the petitioner cannot legally raise grievance with respect to the said transfer given to a senior claimant. It is further stated therein that the petitioner's first option was Government U.P.School, Puthencruz. Her second option was Government U.P.School, Thekkumbhagam. There was no vacancy to accede to the request of the petitioner for a transfer and posting to the said school. Her third option was Government U.P.School, Thengode. Since there was a vacancy to accommodate the petitioner and taking note of the grievance raised by the petitioner in W.P.(C) WP(C).Nos.23417 & 24611 of 2010 2 No.23417 of 2010, as per order No.A1/3451/10 dated 26.7.2010 she has been given transfer and posting as Headmistress in Government U.P.School, Thengode, honouring her third option. W.P.(C)No.24611 of 2010 is filed by the petitioner challenging the said order dated 26.7.2010. As already noticed herein before, in the vacancy that was available in Government U.P.School, Puthencruz the petitioner could not have been accommodated since there was a senior claimant. In fact, it was in the said circumstances that the fourth respondent, a senior claimant, was given transfer and posting to the said school. There was no vacancy to accommodate the petitioner in the school opted by the petitioner as option No.2. Evidently, the respondents have honoured her third option and granted a favourable order of transfer as Headmistress in Government U.P.School, Thengode. In the said circumstances, I do not find any illegality warranting interference with Ext.P4 order dated 26.7.2010 in W.P.(C)No.24611 of 2010 and also Ext.P1 transfer order in W.P.(C)No.23417 of 2010. These writ petitions are devoid of any merit and accordingly they are dismissed. C.T.RAVIKUMAR Judge TKS