IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WA.No. 2034 of 2010() --------------------- AGAINST THE JUDGEMENTIN WPC.10917/2010 Dated 19/07/2010 .................... APPELLANTS: -------------- 1. THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD, 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 3. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY G.P. SMT.T.B.RAMANI RESPONDENTS: --------------- 1. VIJAYALASHMI V.K., W/O.RAVEENDRAN K 'INDEEVARAM',ANNUR, PADINHAREKARA, ANNUR P.O.,KANNUR DISTRICT,PIN-670332 2. RADHAKRISHNAN P.M.G.F.V.S.S.CHERUVATHOOR KASARAGOD DISTRICT,PIN-671313 3. OMANA.V.K., G.V.H.S.S.,MAKIKAI-II,MADIKAI,KASARAGOD DISTRICT PIN-671314 4. SOBHA.K..,P.D.TEACHER, G.V.H.S.S.,MAKIKAI-II,MADIKAI,KASARAGOD DISTRICT PIN-671314 5. SUJATHA K. G.U.P.S.MUZHAKKOT, MUZHAKKOTH,KASARAGOD DISTRICT PIN-671314 6. SOBHA.K.,G.U.P.S.MUZHAKKOTH MUZHAKKOTH,KASARAGOD DISTRICT PIN-671314 7. RANJINI,T.C.V.., G.H.S.UPPLILAKAI, UPPILAKAI, KASARAGOD DISTRICT,PIN-671314 8. JAYASREE A.M.,G.L.P.S., NILESHWAR, NILESHWAR, KASARAGOD DISTRICT PIN-671314 9. RAMANI P.V., G.U.P.S.MUZHAKKOTH,MUZHAKKOTH, KASARAGOD DISTRICT,PIN-671314 10. SANTHOSH T.K.,B.R.C.CHERUVATHOOR, CHERUVATHOOR, KASARAGOD DISTRICT PIN-671313 ADV. SRI.M.SASINDRAN FOR R-1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & M.L.JOSEPH FRANCIS, JJ. .................................................................... Writ Appeal No.2034 of 2010 .................................................................... Dated this the 6th day of January, 2011. JUDGMENT Ramachandran Nair, J. The appeal is filed against judgment of the learned Single Judge directing the appellants to appoint first respondent in a Government School at Pilicode where there is a suitable vacancy for her. Respondent is admittedly a teacher found surplus on account of reduction in the number of students leading to fall in division in the Government School. First respondent relying on a Circular requested for posting to a nearby School as against her posting in the northern boundary of the District by the appellants. 2. Government Pleader submitted before us that ever so many senior teachers are waiting for transfer postings and first respondent cannot claim any preference over them. We are unable to accept this contention because first respondent's was not a case of normal transfer to be considered based on relative merit of the claimants. In fact, but for the fall in division in the School, she would have been continuously 2 employed in the School at Nileswar which is stated to be close to her house. Counsel for the first respondent pointed out that first respondent is a lady with small children and has a blind mother-in-law to be looked after by her. So much so, she has raised compassionate ground for appointment to a School near to her station. We do not find anything illegal or unreasonable about the judgment of the learned Single Judge who following a Government Circular namely, Ext.P9 produced in the W.P.(C), directed the appellants to appoint the first respondent in the Government School in Pilicode. Consequently Writ Appeal is dismissed with further direction to the appellants to effect the transfer immediately. C.N.RAMACHANDRAN NAIR Judge M.L.JOSEPH FRANCIS Judge pms