IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 36951 of 2010(T) -------------------------- PETITIONER(S): --------------- LISSY JOSEPH, W/O. SHAJU, AGED 48 YEARS, P.D.TEACHER, GOVERNMENT HIGH SCHOOL, KUDAYATHUR, IDUKKI DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA-685 584. 4. THE HEADMASTER, KUDAYATHUR GOVERNMENT HIGH SCHOOL, IDUKKI DISTRICT-686 590. 5. SMT.SHAHANA KAREEM, P.D.TEACHER, GOVERNMENT HIGH SCHOOL, KUNJITHANNI-685 583, (UNDER ORDERS TRANSFER TO G.L.P.SCHOOL, IDATTUMALA, IDUKKI DISTRICT). GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36951 of 2010 --------------------------------------------- Dated this the 10th day of December, 2010 JUDGMENT The petitioner is working as PD Teacher in Kudayathur Government High School in Idukki District. While working in Thrissur District, the petitioner got inter-district transfer to Idukki on 26.11.1998. It is stated that the petitioner is a physically challenged person and she has 50% disability. Exhibit P1 disability certificate and Exhibit P2 sanction of conveyance allowance are relied on by the petitioner. It is stated that the petitioner is in charge of the Scout and Guides of the school. During Staff Fixation Order for 2010-2011, one class division was reduced from the primary section of the school resulting in the reduction of one PD Teacher. The petitioner is the junior most teacher in the school. Apprehending a transfer from the school, the petitioner submitted Exhibit P3 representation dated 30.8.2010 praying that the petitioner may be allowed to continue in the same school. 2. As per Exhibit P4 order dated 1.12.2010, the petitioner was WPC No.36951/2010 2 transferred to G.U.P.S., Thokkupara. According to the petitioner, she had made a representation to transfer her to G.L.P.S., Idattumala. However, as per Exhibit P4 order, the fifth respondent was transferred to G.L.P.S., Idattumala. 3. It is stated that the petitioner was not relieved after Exhibit P4 order. The petitioner submitted Exhibit P5 representation dated 6.12.2010 before the Director of Public Instruction requesting to either allow her to continue in the same school or to transfer her to G.L.P.S., Idattumala or T.M.U.P.S., Vengallur. Exhibit P5 representation is pending. 4. It is submitted that the school to which the petitioner is transferred is about 120 kilometers away from the residence of the petitioner and it is a high range area. It is submitted that the petitioner would be put to great prejudice and hardship, if Exhibit P4 is implemented and if the petitioner is transferred to G.U.P.S., Thokkupara. 5. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ of certiorari or other WPC No.36951/2010 3 appropriate writ order or direction quashing Exhibit P4 to the extent it order transfer the petitioner to Government U.P. School, Thokkupara. (ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to grant a posting to the petitioner in the open vacancy at T.M.U.P. school under Thodupuzha Municipality or at Government L.P. School, Idattumala, wherein the fifth respondent is appointed. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the second respondent to effectively consider and pass appropriate orders upon Exhibit P5 after affording an opportunity of being heard to the petitioner within a time limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstance of the case.” 6. Exhibit P5 is pending before the Director of Public Instruction. Since Exhibit P5 representation is pending, it would be sufficient, if the WPC No.36951/2010 4 same is considered by the Director of Public Instruction expeditiously. In the peculiar facts and circumstance of the case, it would also be just and proper to keep in abeyance Exhibit P4, in so far as it relates to the petitioner, till Exhibit P5 is considered and disposed of. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : (i) The Director of Public Instruction shall consider and dispose of Exhibit P5 representation dated 6.12.2010 submitted by the petitioner, as expeditiously as possible, and at any rate, within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party including respondent No.5. (ii) Till Exhibit P5 representation is disposed of, Exhibit P4 order of transfer, in so far as it relates to the petitioner, shall be kept in abeyance. WPC No.36951/2010 5 (iii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. (iv) The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to respondents 4 and 5 by registered post and the petitioner shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN JUDGE csl