IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 34024 of 2010(C) -------------------------- PETITIONER(S): --------------- MINI.N., THENGUVILA VEEDU, VETTIYARA P.O., NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT. (H.S.A. MALAYALAM, PANCHAYAT HIGHER SECONDARY SCHOOL, PAPPINISSERY WEST, KANNUR DISTRICT.) BY ADV. SRI.T.S.RAJASENAN RESPONDENT(S): --------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 101. 4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670 001. 5. MANAGER/SECRETARY, PAPPINISSERRY GRAMA PANCHAYAT HIGHER SECONDARY SCHOOL, PAPPINISSERRY, KANNUR DISTRICT, RENAMED AS E.M.S.MEMORIAL HIGHER SECONDARY SCHOOL, PAPPINISSERRY-670 561. 6. MANAGER/SECRETARY, KALLUVATHUKKAL GRAMA PANCHAYAT HIGHER SECONDARY SCHOOL, KALLUVATHUKKAL, KOLLAM DISTRICT-691 578. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.34024 OF 2010 ------------------------------ Dated this the 26th day of November, 2010 JUDGMENT The petitioner was appointed as HSA (Malayalam) in Panchayat Higher Secondary School, Pappinissery, as per Ext.P2 order of appointment dated 14.10.2005. It is stated that petitioner completed her probation on 29.11.2006. The petitioner is a native of Thiruvananthapuram. She submitted Ext.P4 application dated 15.10.2009 to the Director of Public Instruction praying for inter management transfer and to grant her a transfer to Panchayat High School, Kalluvathukkal. In Ext.P4 representation, it was mentioned that in a similar case, the District Educational Officer, Kollam granted inter management transfer within the same district and to the same Kalluvathukkal Gramma Panchayat High School. Ext.P4 representation is not disposed of. W.P.(C).No.34024 OF 2010 2 2. The reliefs prayed for in the Writ Petition are the following: i) issue a writ of mandamus or such other writ order or direction to the respondents 2 to 4 to issue orders to transfer the petitioner from the 5th respondent school to the 6th respondent school forthwith. ii) issue a writ of mandamus or such other writ order or direction to the 2nd respondent to issue orders considering her Ext.P4 application as expeditiously as possible at any rate within a reasonable time fixed by this Hon'ble Court. Iii) Declare that the petitioner is entitled for transfer from the 5th respondent school to the 6th respondent school as per Rule 1(3) and Rules 10 to 13 Chapter XIVA KER. iv) Declare that the petitioner is also entitled for transfer to the 6th respondent school as per Ext.P8 Government Order and v) to issue such other writ or direction or order as is deemed just and necessary in the circumstances of the case.” 3. The learned counsel for the petitioner submitted that the Writ Petition may be disposed of directing the third respondent to dispose of Ext.P4 representation expeditiously. W.P.(C).No.34024 OF 2010 3 4. The learned Government Pleader submitted that as per GO(MS) No.2/2010/G.Edn. dated 2.1.2010, Panchayat Schools were taken over by the Government. It is necessary to prepare a seniority list consisting of Government School teachers and Panchayat School Teachers. It is also pointed out that in several Panchayat schools, teachers were appointed through the Employment Exchange. Inter district transfers could be granted only in accordance with the seniority list. It would take some time to prepare the seniority list. The learned Government Pleader submitted that the Director of Public Instruction would be able to dispose of Ext.P4 representation only after finalisation of the seniority list. Taking into account the circumstances of the case, the Writ Petition is disposed of as follows: The Director of Public Instruction shall consider and dispose of Ext.P4 representation W.P.(C).No.34024 OF 2010 4 submitted by the petitioner, after affording an opportunity of being heard to the petitioner, within a period of one month from the date of finalisation of the seniority list. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction . K.T.SANKARAN, JUDGE. cms