IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23426 of 2009(W) --------------------------------- PETITIONER: -------------- THRESSIAMMA GEORGE, UPSA, ST.MARY'S UPS, THARIYODE, WAYANAD DISTRICT. BY MR.JOSE PALLATTUKARAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY, MANANTHAVADY P.O., WAYANAD DISTRICT. 3. PHILOMINA THOMAS, LPSA, ST.THOMAS LPS, ARINCHEERAMALA NOW WORKING IN ST.ANTONY'S UPS, KOTTATHARA, WAYANAD DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23426 OF 2009 --------------------------------------- Dated this the 17th day of August, 2009. J U D G M E N T The petitioner herein is working as U.P.S.A in St.Mary's UPS, Thariyode which is managed by the 2nd respondent. The petitioner was transferred from St.Antony's UPS, Kottathara to the present place Thariyode on 01.06.2009 as per Exhibit P1 order. It is the submission of the petitioner that the matter was taken up with the management and assurance was given that the petitioner would be re-transferred. On the basis of the assurance, the petitioner joined duty at Thariyode school. Exhibit P2 is the copy of the representation filed before the Manager. It is the case of the petitioner that the 2nd respondent declined to act on Exhibit P2. 2. The petitioner subsequently filed Exhibit P5 before the 1st respondent challenging the order of transfer pointing out that she is an epileptic patient and her illness requires constant attention by her husband and relatives. The petitioner's husband W.P.(C) No.23426/2009 2 is presently working in Wayanad as Jail Warden, and her family is residing near Kottathara school. Exhibits P3 and P4 medical certificates are relied upon by the petitioner in support of her plea. Since Exhibit P5 is pending before the 1st respondent, there will be a direction to the 1st respondent to take a decision on Exhibit P5, after hearing the petitioner and the Manager, within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp