IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 19438 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------ R.SREEKALA, 43 YEARS, W/O.K.P.CHANDRAMOHANAN NAIR, P.D.TEACHER (TAMIL MEDIUM), GOVT.L.P.SCHOOL, GAVI POST, PATHANAMTHITTA DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695 001. 5. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689 645. 6. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689 645. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19438/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE NO.A3-1410/08/K.DIS DTD. 14.2.2008 BY THE TAHSILDAR, RANNI. P2:- COPY OF THE CIRCULAR NO.A1/19638/10/DPI DTD. 30.8.2010. P3:- COPY OF THE CERTIFICATE ISSUED BY DR. RONALLD BENEDICT DTD. 7.11.2005. P4:- COPY OF THE COMMUNICATION FROM SECOND RESPONDENT TO THE 3RD RESPONDENT NO.A1/60662/2009 DPI DTD. 25.3.2010. P5:- COPY OF THE GO(MS) 120/1999 G.EDN. DT. 25.5.99. P6:- COPY OF THE JUDGMENT IN WPC. 6222/2011 DTD 28.2.2011. P7:- COPY OF THE PROCEEDINGS OF 2ND RESPONDENT NO.B1/16556/2011/DPI DTD. 8.4.2011. P8:- COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER DTD. 2.3.2011. P9:- COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT NO.A176983/10/DPI DT.D 12.5.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19438/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18 th day of July, 2011 J U D G M E N T Aggrieved by Ext.P7 order passed by the Director of Public Instruction, rejecting the prayer of the petitioner for granting an Inter District Transfer from Pathanamthitta District to Thiruvananthapuram District, the petitioner has filed a revision petition before the Government as per Ext.P8. The grievance raised by the petitioner mainly is that she is working as a Primary Department Teacher in a school at Gavi in Pathanamthitta District which is notified as a difficult station. It is pointed out that the school therein is situated deep in the forest and the petitioner has already served nine years there, which could be counted as a total period of 12 years going by the contentions raised in the writ petition. The plea raised by the petitioner for inter district transfer was rejected by the Director of Public Instruction mainly for the reason that the quota has already exhausted. The petitioner has raised various W.P.(C). No.19438/2011 -:2:- contentions in the writ petition and in the revision petition filed as per Ext.P8. Ext.P4 is the list originally published of teachers to be considered for compassionate appointment by inter district transfer wherein the petitioner has been included as Serial No.2 in the list of P.D Teachers. The petitioner has also got a grievance that in Ext.P9 list, the petitioner's name is seen omitted. It is further submitted that Serial No.3 included therein has already obtained a transfer to Thiruvananthapuram in the year 2008-09. The petitioner can point out this aspect before the Government while hearing the revision petition. 2. There will be a direction to the Government to take a decision on Ext.P8 revision petition after hearing the petitioner within a period of three months from the date of receipt of a copy of this Judgment. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms