IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 W.P(C).No. 31512 of 2008(B) ---------------------------------- PETITIONER: -------------- ANITHA.K.P., H.S.A (ENGLISH), G.V.H.S.S., DEVIYAR COLONY, VALARA P.O., IDUKKI DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ----------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 3. THE PRINCIPAL, G.V.H.S.S, DEVIYAR COLONY, VALARA P.O., IDUKKI DISTRICT. 4. STATE OF KERALA-REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 31512 OF 2008 (B) ==================== Dated this the 12th day of November, 2008 J U D G M E N T Petitioner submits that initially by Ext.P1, she was appointed as PD teacher in Idukki district and subsequently in 2004, she was promoted as HSA. By Ext.P2, she applied for an inter district transfer to Ernakulam District and the application was submitted to the 3rd respondent. However doubting her eligibility for inter district transfer, according to the petitioner, the 3rd respondent has not forwarded the application to the 2nd respondent, who in turn has to forward the same to the 1st respondent. It is in this background writ petition is filed. 2. Petitioner submits that the doubt that is harboured by the 3rd respondent is as to whether the petitioner has five years continuous service to be eligible for inter district transfer. According to her, in terms of Exts.P4, P5 and P6, her all cadre service has to counted and on that basis, she is eligible for inter district transfer. 3. In my view, it is not necessary for either this Court or the 3rd respondent to decide on the eligibility of the petitioner as it is entirely for the 2nd respondent to consider the same. Therefore, all that the 3rd respondent need to do is only to forward Ext.P2 to the 2nd respondent, WPC 31512/08 :2 : who will be entitled to decide as to whether the petitioner is eligible for the benefit of inter district transfer applied by her, having regard to the Government orders including Exts.P4 to P6. 4. Therefore, I direct that on the production of a copy of this judgment, if the 3rd respondent has received Ext.P2 application and if the same is pending, he shall forward the same to the 2nd respondent. Thereupon, the 2nd respondent shall assess the eligibility of the petitioner in the manner as directed above and if eligible, forward the application to the 1st respondent. 5. Petitioner may produce a copy of this judgment along with a copy of this writ petition before respondents 2 and 3 for compliance. On receipt of the application, the 2nd respondent shall consider and pass orders thereon within 3 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp