IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 2216 of 2011(B) ------------------------------------ PETITIONER(S): ----------------------- E.J.LEENA, AGED 46 YEARS, W/O.ADV.K.T.GEORGE, RESIDING AT KUZHIVELIL HOUSE SULTHAN BATHERY POST, WAYANAD DISTRICT. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REP BY SECRETARY TO GOVERNMENT GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001. BY GOVT. PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2216 of 2011-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2011. JUDGMENT The petitioner is working as Senior Lecturer (IFIC) in the District Institute of Education & Training (DIET), Thrissur. The grievance raised in the writ petition relates to the non granting of a transfer to Wayanad District which is the native district of the petitioner. 2. At the outset, it is submitted by the learned counsel for the petitioner that even though she was granted a transfer to Sulthan Bathery by the first respondent on 3.9.2010 and joined there on 4.9.2010, subsequently an order was passed on 6.9.2010 to keep in abeyance the transfer order. 3. Mainly it is contended that the petitioner's physical problems require her presence in the native place and she will have to join the family. She is suffering from many diseases such as Avascular Necrosis (R), Femoral Head with Secondary Arthritis (R) Hip Joint. It is stated that she is having 40% disability due to the total Hip Arthroplasty and the disability certificate has been produced s Ext.P1. 4. Earlier, the petitioner had approached this Court by filing W.P.(C) wpc 2216/2010 2 No.29684/2010. The same was disposed of along with W.P.(C) No.27807/2010 as per judgment dated 22.10.2010. Therein, she was allowed to make a representation before the Government. Ext.P2 is the copy of the representation filed before the Government thereafter. It is pointed out that the petitioner had already completed four years in Thrissur and therefore the request for a transfer is only genuine. Learned counsel for the petitioner therefore submitted that the norms of transfer also are in favour of the petitioner. Already this Court had directed the Government to consider the matter as per the judgment in W.P.(C) No.29684/2010. In that view of the matter, there will be a direction to the first respondent to take a decision on Ext.P2 representation and consider her claim for transfer on compassionate grounds, as sought for by the petitioner. Appropriate orders will be passed within a period of two months 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 judgment in W.P.(C) No.29684/2010 for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/