IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17440 of 2011(D) ----------------------------------------- PETITIONER(S): ------------------------- M. PADMAVATHY, W/O. NIRMAL KUMAR, AGED 42 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, A.L.P SCHOOL VAIKATHUR, KUTTIPURAM EDUCATION SUB DISTRICT, MALAPPURAM DISTRICT. BY ADVS. 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 - 695 014. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPURAM, MALAPPURAM - 679 571. 4. SMT.T.K. GEETHA, MANAGER, A.L.P.SCHOOL, VAIKATHUR, KUTTIPURAM EDUCATION SUB DISTRICT, MALAPPURAM DISTRICT, 676 505. 5. SMT.GIRIJA BAI, LOWER PRIMARY SCHOOL ASSISTANT, MODEL L.P.SCHOOL, KOTTARAM (NOW WORKING AS HEADMISTRESS IN A.L.P.SCHOOL, VAIKATHUR, MALAPPURAM DISTRICT)-676 505. 6. SMT.T.K. SARALA, MANAGER, MODEL L.P SCHOOL, KOTTARAM AND R.M.T.T INSTITTUE, VALANCHERY, MALAPPURAM DISTRICT - 676 552. R1 TO R3 BY GOVERNMENT PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17440/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PARTITION DEED DTD. 16/06/2010. P2: COPY OF THE SENIORITY LIST DTD. NIL. P3: COPY OF THE ORDER NO.C-9/2011 OF THE MANAGER DTD. 31/03/2011. P4: COPY OF THE ORDER NO.EM-2/24402/2011/DPI/D.DIS. OF THE 2ND RESPONDENT DTD. 28/05/2011. P5: COPY OF THE ORDER NO.C-10/2011 OF THE MANAGER DTD. 01/06/2011. P6: COPY OF THE APPEAL FILED BEFORE THE 3RD RESPONDENT DTD. 10/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17440 Of 2011 D -------------------------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2011 J U D G M E N T Aggrieved by the order of transfer and promotion of the 5th respondent, the petitioner has approached the Assistant Educational Officer by filing Exhibit P6 representation seeking to cancel the same. The petitioner is transferred and posted to Model L.P.S., Kottaram. Various grounds have been raised in the Writ Petition for challenging the order of transfer. 2. It is upto the Assistant Educational Officer to consider and pass orders on Exhibit P6 after hearing all the parties. There will be a direction to the 3rd respondent to consider the same and pass appropriate orders in accordance with law after hearing the parties within a period of six weeks from the date of receipt of a copy of this judgment. 3. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 3rd respondent for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn