IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 15390 of 2011(W) --------------------------------- PETITIONER: -------------- A.K.SUSEELA, LOWER PRIMARY SCHOOL ASSISTANT,MKMM LOWER PRIMARY SCHOOL, VELUMPIAMPADAM, BHOODHANAM P.O.,NOW TRANSFERRED TO MMMLP SCHOOL, EAST KALIKKULAM, MALAPPURAM DIST, R/A.THANISSERI HOUSE,EDAKKARA P.O MALAPPURAM DIST. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001 2. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM-679329. 3. MANAGER, MKMM L.P.SCHOOL AND MMMLP SCHOOL, VELUMPIAMPADAM, BHOODHANAM P.O.,MALAPPURAM-673579. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15390 OF 2011 --------------------------------------- Dated this the 8th day of June, 2011. J U D G M E N T Aggrieved by the order of transfer, transferring the petitioner from MKMMLP School, Velumbiyampadam to MMMLP School, East Kalkkulam in Malappuram District, this writ petition has been filed. Ext.P1 is the copy of the relieving order. 2. The petitioner is relying upon Rule 10 of Chapter XIV A of Kerala Education Rules. It is submitted that the order of transfer is really illegal. The petitioner has forwarded Ext.P3 appeal to the Director of Public Instruction on 04.06.2011. Learned counsel for the petitioner submitted that the petitioner has only two years to retire from service and therefore a direction may be issued to the Director of Public Instruction to consider and pass orders on Ext.P3 within a time frame. There will be a direction to the 1st respondent to consider the grievance raised by the petitioner in Ext.P3 or any further representation the petitioner may choose to file stating the legal W.P.(C) No.15390/2011 2 grounds against the order of transfer. Appropriate orders will be passed, after hearing the petitioner, the Manager and the other affected teacher, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. Sd/- T.R. RAMACHANDRAN NAIR JUDGE smp // True Copy // P.A. to Judge.