IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18181 of 2010(W) -------------------------- PETITIONER(S): --------------- PREETHI T.V., D/O.NARAYANAN NAMBIAR, AGED 32 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), MOGRAL PUTHUR GOVERNMENT HIGHER SECONDARY SCHOOL, MUGRAL PUTHUR P.O., KASARAGOD DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 3. THE HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, MUGRAL PUTHUR, MUGRAL PUTHUR P.O., PIN - 671 124, KASARAGOD DISTRICT. 4. THE HEADMASTER, CHERUVATHOOR GOVERNMENT FISHERIES VOCATIONAL HIGHER SECONDARY SCHOOL AND HIGHER SECONDARY SCHOOL, CHERUVATHOOR P.O., KASARAGOD DISTRICT. 5. THE HEADMASTER, KUTTAMATH GOVERNMENT HIGHER SECONDARY SCHOOL, KUTTAMATH P.O., CHERUVATHUR VIA, KASARAGOD DISTRICT. GOVERNMENT PLEADER SRI.SANDESH RAJA -R1,R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.18181 OF 2010 -------------------------------------------- Dated this the 17th day of June, 2010 JUDGMENT The petitioner is working as High School Assistant (English) in Mugral Puthur Government Higher Secondary School, Kasaragod. She has submitted Ext.P2 application for transfer claiming benefits under Exts.P4 and P5 government orders. Going by Exts.P4 and P5government orders, parents of mentally retarded children are entitled to get preference in the matter of transfer. The grievance of the petitioner is that in Ext.P6 draft transfer list for transfer of Higher School Assistants (English) in Kasaragode, eventhough her name has been included and her application was accepted with priority, she has not been given a favourable posting. Feeling aggrieved by Ext.P6 draft transfer list, the petitioner has submitted Ext.P7 representation before the second respondent. The apprehension of the petitioner is that without considering Ext.P7representation, Ext.P6 would be finalised. The learned Government Pleader submitted that Ext.P7 will be considered by the competent authority prior to the finalisation Ext.P6 draft transfer list. In such circumstances, this Writ W.P.(C) NO.18181/2010 2 Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P7 representation submitted by the petitioner in the light of Exts.P4 and P5 government orders, before finalisation of Ext.P6 provisional transfer list. At any rate, this shall be done with notice of persons who are likely to be affected. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.18181/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.18181/2010 4