IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 34018 of 2008(Y) -------------------------- PETITIONER(S): ------------------ SMT.E.J.JASMINE, L.P.S.A. (PROTECTED TEACHER), GOVERNMENT GIRLS L.P.SCHOOL, PERUMBAVOOR. BY ADV. SRI.C.K.ABDUL RAHIM SRI.K.A.SHAMSUDEEN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR (EDUCATION), ERNAKULAM. 4. LATHA V.R., P.D.TEACHER, GOVERNMENT U.P.SCHOOL, AMARAVATHY, KOCHI. GOVERNMENT PLEADER GOVT.PLEADER SMT.T.B.REMANI FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34018/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE ORDER OF THE TRANSFER ISSUED BY THE 3RD RESPONDENT DT 8.8.2008. EXT.P2: COPY OF ORDER OF TRANSFER ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 34018 OF 2008 (Y) ==================== Dated this the 19th day of December, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P2, the order transferring the petitioner, a protected teacher from GGLPS, Perumbavoor to GUPS, Kaprasserry. According to the petitioner, transfer is in violation of the norms and the petitioner has referred to the circulars, in terms of which, according to her, the transfer is untimely and unwarranted. 2. On the other hand, from the counter affidavit filed by the 3rd respondent, it would appear that at the time when by Ext.P1, petitioner was transferred and posted to the school at Perumbavoor, there was already a request made by the 3rd respondent for accommodation in that school. It is stated that it was overlooking the legitimate claim of the 3rd respondent that the petitioner was transferred and posted by Ext.P1. Subsequently, when a complaint made by the 3rd respondent was examined, it was found to be justified and it was therefore that by Ext.P2, petitioner was transferred and the 3rd respondent was accommodated in her place. 3. Irrespective of the justifiability or otherwise, counsel for the petitioner now confines his request for permitting the petitioner to WPC 34018/08 :2 : continue in the school till the end of the academic year. 4. I heard the learned Government Pleader also on this request. 5. Although the learned Government Pleader has seriously opposed the limited prayer sought for by the petitioner, considering the fact that Ext.P2 is issued almost at the end of the academic year and also taking into account the fact that despite service of notice, the 3rd respondent has not entered appearance in this case or contested the matter, I direct that the petitioner be retained in the school, till the end of the academic year. It is clarified that it will be open to the authorities to pass such appropriate transfer orders, if it is so warranted, on the expiry of the academic year. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp