IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18909 of 2009(G) -------------------------- PETITIONER(S): --------------- R.GIRIJA, W/O.MURALI, SREEKARYAM, VETTIKKAMALA P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 538, HIGH SCHOOL ASSISTANT, GOVT. HIGHER SECONDARY SCHOOL, EROOR IN KOLLAM DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. LEELAMMAL V., HIGH SCHOOL ASSISTANT(MATHS), GOVT. HIGH SCHOOL, THEVANNOOR, KOTTARAKKARA, KOLLAM DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18909/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2009 J U D G M E N T The petitioner herein is working as High School Assistant (Maths) in a Government Higher Secondary School in Kollam District. The petitioner's husband is a soldier in the Indian Army who has been serving the army for the last 24 years. She has two young school going children. The present school is in a remote place and therefore, the petitioner had been requesting for transfer to a school nearby to her native place, Vettikkavala. 2. Ext.P1 is the application submitted by the petitioner for transfer this year and the first option is given as Government Model H.S.S Vettikkavala, the second option is Government Boys H.S.S. Kottarakkara and the third option is to Government Girls V.H.S.S. Kottarakkara. Ext.P2 is the copy of the certificate issued by the Assistant Commandant in the Army showing that the petitioner's husband is a Jawan. The petitioner submits that the application was forwarded in the right time and going by the Government Order dated 22/05/1989, which is produced as Ext.P4, being a wife of the serving Jawan, she is entitled for grant of priority. Ext.P5 Government Order dated 27/04/2000 is also produced to show that W.P.(C). No.18909./2009 -:2:- the petitioner has got a preferential claim for transfer. But, while finalising the proposals for transfer as per Ext.P6, the second respondent did not consider the claim of the petitioner. The petitioner has thereafter, filed Ext.P7 representation before the second respondent. 3. Since the petitioner has already approached the second respondent by filing Ext.P7 representation, there will be a direction to the second respondent to consider and pass appropriate orders on Ext.P7, and communicate the result thereof to the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms