IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 28643 of 2010(E) ---------------------------------- PETITIONER(S): ------------------- L.PREETHA, H.S.A. MATHS (TAMIL MEDIUM) GOVERNMENT HIGH SCHOOL, VAGOMON, IDUKKI. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 2. DEPUTY DIRECTOR OF EDUCATION, IDUKKI - 678 847. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001. 4. SMT. T.S. ANITHA LETHAMOL,HSA (MATHS) TAMIL MEDIUM, GOVERNMENT MODEL BOYS HIGHER SECONDARY SCHOOL, THIRUVANANTHAPURAM - 695 021. R1 TO R3 BY GOVT.PLEADER SMT.NISHA BOSE R4 BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28643/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION DATED 04/03/2003 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P2: COPY OF THE APPLICATION FOR TRANSFER DATED 20/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE ORDER NO.A1/5490/09 DATED 07/09/2009 OF THE 2ND RESPONDENT. P4: COPY OF THE LETTER NO. O & M (4)64375/2009/DPI/K.DIS. DATED 09/10/2009 OF THE STATE PUBLIC INFORMATION OFFICER, OFFICE OF THE 2ND RESPONDENT. P5: COPY OF THE LETTER NO.G1/13554/09/K.DIS. DATED 03/10/2009 OF THE STATE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. P6: COPY OF THE JUDGMENT DATED 30/11/2009 OF THIS HONOURABLE COURT IN WPC. NO.32569/2009. P7: COPY OF THE NOTICE DATED 22/03/2010 SENT BY THE COUNSEL FOR THE PETITIONER TO THE 1ST RESPONDENT. P8: COPY OF THE LETTER NO.A1/28432/10/DPI DATED 17/04/2010 OF THE 1ST RESPONDENT. P9: COPY OF THE LIST REFERRED TO IN EXT.P8, DOWNLOADED BY THE PETITIONER FROM THE WEBSITE. P10: COPY OF THE PETITION DATED 04/10/2010 SUBMITTED BY THE PETITIONER, FORWARDING THE CERTIFIED COPY OF THE JUDGMENT TO THE 1ST RESPONDENT. P11: COPY OF THE PETITION DATED 04/10/2010 SUBMITTED BY THE PETITIONER, FORWARDING THE TRUE COPY OF THE JUDGMENT TO THE 3RD RESPONDENT. P12: COPY OF THE VACANCY LIST OF H.S.A. MATHS (TAMIL) MEDIUM EXIST IN THIRUVANANTHAPURAM CENTRAL HIGH SCHOOL PUBLISHED IN THE OFFICIAL WEBSITE OF THE 3RD RESPONDENT. svs ...........2/-.... ...2... WPC. NO.28643/2010 P13: COPY OF THE VACANCY POSITION AGAIN PUBLISHED IN THE OFFICIAL WEBSITE OF THE 3RD RESPONDENT SHOWING THE VACANCY LIST OF GOVERNMENT H.S.S., BALARAMAPURAM. P14: COPY OF THE VACANCY POSITION OF H.S.A. MATHS (TAMIL MEDIUM) PUBLISHED IN THE OFFICIAL WEBSITE IN THE GOVERNMENT HIGHER SECONDARY SCHOOL, BALARAMAPURAM. P15: COPY OF THE VACANCY POSITION OF H.S.A. MATHS (TAMIL MEDIUM) PUBLISHED IN THE OFFICIAL WEBSITE IN THE GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, KARAMANA. P16: COPY OF THE COMPASSIONATE TRANSFER LIST, THIRUVANANTHAPURAM DISTRICT WHICH THE APPLICANT HAS DOWNLOADED FROM THE WEBSITE OF THE RESPONDENTS 1 TO 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 28643 OF 2010 E ------------------------------------------------------ Dated this the 24th day of September, 2010 JUDGMENT The petitioner is working as H.S.A. Maths (Tamil Medium) in Government High School, Vagomon, Idukki. She applied for inter district transfer in 2003, as per Ext.P1. However, her request for inter district transfer was not granted. While working in Government Vocational Higher Secondary School, Munnar, the petitioner was transferred to Government High School, Vagomon. In continuation of her earlier application for inter district transfer, the petitioner submitted another application (Ext.P2) requesting to transfer her to Thiruvananthapuram. Her choices of schools were also indicated in the application. It is alleged that overlooking the legitimate right of the petitioner, another person was given inter district transfer as per Ext.P3. The petitioner filed W.P.(C) No.32569 of 2009 alleging that overlooking her legitimate claim, inter district transfer was granted to an ineligible person. W.P.(C) No.32569 of 2009 was disposed of by this Court, as per Ext.P6 judgment dated 30.11.2009, recording the submission made by the learned Government Pleader. The relevant W.P.(C) NO.28643 OF 2010 :: 2 :: portion of Ext.P6 judgment reads as follows: “2. Learned Government Pleader, on instructions, submitted that the last year's priority list was published on 27.2.2009 by the 4th respondent and from the said list, the 5th respondent was given a transfer. It is assured that the claim of the petitioner will be considered this year and appropriate orders will be passed along with other claimants. It is also submitted that the officially list will be published in February 2010. The above submission is recorded. The 2nd respondent is directed to consider the claim of the petitioner, in accordance with the guidelines while finalising the list.” 2. The grievance of the petitioner is that in spite of Ext.P6 judgment, her claim for inter district transfer was not favourably considered. It is alleged that no list was published as undertaken in Ext.P6 judgment. Ext.P7 notice dated 22.3.2010 was sent on behalf of the petitioner to the Director of Public Instruction, Thiruvananthapuram. In reply to Ext.P7 notice, the Director of Public Instruction issued Ext.P8 letter to the petitioner's counsel, which reads as follows: W.P.(C) NO.28643 OF 2010 :: 3 :: “With reference to the notice received, it is informed that as per direction contained in the Judgment of Honourable High Court in the writ petition referred above. The claims of the petitioner Smt.L.Preetha was examined in detail and her name was included in the compassionate transfer list 2009-2010 published from this office vide reference 2nd cited. Her rank number is one in the category H.S.A. Maths (Tamil Medium). The list was also published in the Education's Website (www.Education.Kerala.Gov.in). This fact was informed to Smt.Preetha through phone message. So it is informed that the direction contained in the Judgment has been properly complied with.” It is stated that Ext.P9 is the list referred to in Ext.P8 letter. The petitioner is included as rank No.1 in Ext.P9 list in respect of H.S.A. Maths (Tamil Medium). It is stated by the petitioner that two vacancies of H.S.A.Maths (Tamil Medium) exist in Thiruvananthapuram and that there is no impediment in complying with the directions in Ext.P6 judgment and in granting inter district transfer to the petitioner. 3. The reliefs prayed for in the Writ Petition are the following: W.P.(C) NO.28643 OF 2010 :: 4 :: “(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to forthwith transfer the petitioner from Government High School, Vagamon, Idukki to any one of the schools at Thiruvananthapuram where vacancies of H.S.A.Maths (Tamil Medium) exists; (ii) declare that the petitioner, in view of her inclusion in Ext.P9 list is entitled for a posting as H.S.A.Maths (Tamil Medium) in any one of the Schools at Thiruvananthapuram, where the said post exists; and (iii) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.” 4. The learned Government Pleader submitted that the Deputy Director of Education has forwarded the application of the petitioner with due recommendation on 13.9.2010 to the Director of Public Instruction. It is stated that the last date for receiving applications was 20.9.2010. The learned Government Pleader W.P.(C) NO.28643 OF 2010 :: 5 :: submitted that application of the petitioner for inter district transfer will be duly considered within one month from the last date fixed for receiving applications. This submission is recorded. In view of the submission made by the learned Government Pleader, I do not think that any specific direction is required in the Writ Petition. However, it is made clear that if the submission made by the learned Government Pleader about disposal of the application submitted by the petitioner for inter district transfer within one month from the last date fixed for receiving applications is not implemented, the petitioner would be entitled to file a memo in this Writ Petition, in which case, the Writ Petition will get revived and will be posted for further orders. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/