IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 26261 of 2011(G) -------------------------- PETITIONER: --------------- BEENA K.K,AGED 45,W/O.THAMARAKSHAN, FULL TIME MENIAL,GOVT.H.S. NAMAKKUZHY, MULAKULAM NORTH P.O, ERNAKULAM DISTRICT PIN 686 667. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS SMT.JASMY KATTOOR RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL LINES, ERNAKULAM,KAKKANAD, 682 030. 2. ALLY PETER, FULL TIME MENIAL, GOVT.VOCATIONAL HIGHER SECONDARY SCHOOL, THRIKKAKARA, NOW JOINED AT THE OFFICE OF ASSISTANT EDUCATION OFFICER, PIRAVOM P.O, ERNAKULAM DISTRICT 686 664. BY GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1 ADV. SRI.GEORGIE SIMON FOR R-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.26261/11 PETITIONER'S EXTS: EXHIBIT P1. TRUE COPY OF THE PASS BOOK ISSUED TO PHYSICALLY HANDICAPPED (PETITIONER) BY THE GOVERNMENT WITH HER DISABILITY CERTIFICATE FROM MEDICAL BOARD ATTACHED TO IT. (4 PAGES) DT.6.12.95. EXHIBIT P2. TRUE COPY OF THE RELEVANT PAGES OF THE PETITIONER'S SERVICE BOOK. EXHIBIT P3. TRUE COPY OF THE APPLICATION TO THE DEPUTY DIRECTOR OF EDUCATION DT.14.1.11. EXHIBIT P4. TRUE COPY OF THE APPLICATION FROM THE PETITIONER TO THE DEPUTY DIRECTOR OF EDUCATION DT.5.3.11. EXHIBIT P4(A). TRUE COPY OF THE MEDICAL CERTIFICATE. EXHIBIT P4(B). TRUE COPY OF THE DISCHARGE CARD DT.25.2.09. EXHIBIT P5. TRUE COPY OF THE ORDER NO.A2/566/2011 DT.28.7.11. EXHIBIT P6. TRUE COPY OF THE APPLICATION DT.1.8.11. EXHIBIT P7. TRUE COPY OF THE REPLY OF THE PUBLIC INFORMATION OFFICER IN THE IST RESPONDENT'S OFFICE DT.18.8.11. EXHIBIT P8. TRUE COPY OF THE DETAILS OF THE R2 FROM HER SERVICE BOOK DT.12.9.11. EXHIBIT P9. TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL COLLEGE DT.21.9.11. EXHIBIT P10: COPY OF APPLICATION TO THE PUBLIC INFORMATION OFFICER DT.7.9.11. EXHIBIT P11: COPY OF REPLY FROM THE PUBLIC INFORMATION OFFICER DT.4.10.11. RESPONDENTS' EXHIBITS : EXT.R2A: COPY OF CERTIFICATE OF JMP MEDICAL CENTRE, PIRAVOM. EXT.R2B: COPY OF DISABILITY CERTIFICATE ISSUED FROM GENERAL HOSPITAL,ERNAKULAM. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26261 of 2011 -------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2011 JUDGMENT The petitioner is aggrieved by Exhibit P5 order of transfer by the Deputy Director of Education by which the 2nd respondent is given a posting to the Office of the Assistant Educational Officer, Piravom on compassionate ground. The petitioner contends that she is a Full Time Menial, senior to the 2nd respondent and she is having more compassionate grounds than the 2nd respondent. 2. The learned counsel for the 2nd respondent submitted that the 2nd respondent required the proper consideration in the light of her disability. 3. Going by the counter affidavit filed by the first respondent- Deputy Director of Education, the application of the petitioner was not accompanied by a medical certificate, which is denied by the petitioner in her reply affidavit. 4. This Court, evidently, cannot sit in appeal in such a matter and if the petitioner is aggrieved by Exhibit P5 she can W.P.(C)No.26261/11 -2- approach the Director of Public Instruction by filing a representation. If a representation is filed within a period of three weeks from today, the same will be considered by the Director of Public Instruction, who is not party in this Writ Petition, within a further period of two months, after notice to the petitioner and the 2nd respondent. It is made clear that I have not expressed anything on the merits of the claim of the petitioner or the 2nd respondent. The appeal will be filed along with a copy of the Writ Petition and the judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn