IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 7686 of 2009(E) ------------------------------------- PETITIONER(S): ------------------------ K.SAVITHRI AMMA, AGED 48 YEARS, W/O. LATE THANKAPPAN NAIR, MUPPATHIL HOUSE, MANKOMBU, ALAPPUZHA DISTRICT, LAB ASSISTANT, GOVERNMENT HIGHER SECONDARY SCHOOL, KIDANGARA, ALAPPUZHA DISTRICT. BY ADV. MR.S.SHANAVAS KHAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY EDUCATION, KIDANGARA, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER MR.K.RAMESH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.7686/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.AD A4/5825/09 DT. 27.2.09 OF THE IST RESPONDENT. P2:- COPY OF THE REPRESENTATION DT. 6.3.09 PREFERRED BY THE PETITIONER TO THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7686 of 2009-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2009. JUDGMENT The petitioner is working as Lab Assistant in Government Higher Secondary School, Kidangara. Aggrieved by Ext.P1 order of transfer, whereby the petitioner was transferred to Ala G.H.S.S., Chengannur, this writ petition has been filed. 2. On 11.3.2009 this court directed the respondents to retain the petitioner as Lab Assistant in Government Higher Secondary School, Kidangara for a period of one month. The said order stands extended from time to time. 3. In the counter affidavit filed by the respondents, it is submitted that the continuance of the petitioner will affect the smooth functioning of the school and in such a situation the Director has taken steps to transfer the petitioner from the said school. The stand taken is that the continuance of the petitioner in the school will be detrimental to the proper functioning of the school. The Principal and 10 other teachers of the Higher Secondary wing had complained against her. The Regional Deputy Director enquired into the matter. wpc 7686/2009 2 4. Learned counsel for the petitioner submitted that there is a vacancy of Lab Assistant in Boys Higher Secondary School, Haripad and if the petitioner is considered for the said vacancy, the grievance of the petitioner will be met also. Ext.P2 is the representation submitted by the petitioner before the Director of Higher Secondary Education. 5. There will be a direction to the first respondent to consider Ext.P2 and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this judgment. The implementation of Ext.P1 will be kept in abeyance for a period of one month. The first respondent will consider the request of the petitioner for a posting in Government Boys Higher Secondary School, Haripad. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/