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. 14572 of 2008(I) PETITIONER: ------------ K.J.MARY, HEADMISTRESS, BEM.U.P.SCHOOL, KOOTHUPARAMBA, KANNUR DISTRICT (NOW UNDER ORDERS OF TRANSFER TO BEM.U.P.SCHOOL), ANJARAKANDY. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KOOTHUPARAMBA, KANNUR DISTRICT. 2. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF C.S.I. DIOCESAN SCHOOLS, (MALABAR AND WAYANAD AREA), BANK ROAD, CALICUT-1. 3. REMANI M., HEADMISTRESS, BEM.U.P.SCHOOL, KANNUR R2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA GOVERNMENT PLEADER SRI.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. 14572 OF 2008 I -------------------------------------------- Dated this the 30th May, 2008 JUDGMENT When the Writ Petition came up for admission, learned counsel for the petitioner submitted that the petitioner has filed an appeal before the Director of Public Instructions, challenging the order of transfer. Government Pleader takes notice for the first respondent. Sri.Babu Joseph Kuruvathazha appears for the second respondent. In the manner in which I propose to dispose of the Writ Petition, I do not think it necessary to issue notice to the third respondent. 2. The petitioner was working as Headmistress in BEM U.P.School, Koothuparamba with effect from 22.12.2006. It is stated that the petitioner has to retire from service on 31.3.2010. According to the petitioner, she was given a posting in the present School, namely, BEM U.P.School, Koothuparamba, on a request, taking into account that she has to retire from service on 31.3.2010 and also taking into account her illness. 3. The challenge in the Writ Petition is against Ext.P5 order of transfer, by which, the petitioner was transferred from BEM U.P.School, Koothuparamba to BEM U.P.School, Anjarakandy by the Corporate W.P.(C) NO.14572 OF 2008 :: 2 :: Manager. Petitioner has an effective alternative remedy of appeal before the Director of Public Instructions challenging the order of transfer. It is stated that the petitioner has already filed such an appeal before the Director of Public Instructions and that it is pending disposal. The Director of Public Instructions is not a party to this Writ Petition. In the facts and circumstances of the case, the Writ Petition is disposed of holding that the petitioner is entitled to pursue the appeal before the Director of Public Instructions. A copy of this Writ Petition and a copy of this judgment shall be made available before the Director of Public Instructions, in which case, he shall dispose of the appeal as expeditiously as possible and, at any rate, within a period of three months, after hearing the petitioner and all affected parties. A copy of this judgment shall be forwarded by the petitioner to the third respondent also by registered post and proof of the same shall be produced before the Director Public Instructions. All the contentions raised in the Writ Petition are left open to be considered by the Director of Public Instructions. (K.T.SANKARAN) Judge ahz/