IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 13616 of 2008(U) -------------------------- PETITIONER: ------------ PADMAJA MANAPPATTI, H.S.A (NATURAL SCIENCE), G.H.S.S.THIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE HEADMISTRESS, G.H.S.S.THIRURANGADI, MALAPPURAM DISTRICT. 4. STATE OF KERALA-REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.13616 of 2008 U -------------------------------------- Dated this the 27th day of May, 2008. J U D G M E N T The petitioner is working as HSA (Natural Science) in Government Higher Secondary School, Tirurangadi, Malappuram District. According to the petitioner, she joined service as a P.D.Teacher on 7.6.1993 and promoted and appointed as HSA (Natural Science) as per order No.A1/24335/2006 issued by the Deputy Director of Education, Malappuram. Petitioner is having a total service of 14 and odd years in Malappuram District as on 31.3.2008. 2. The petitioner submitted Ext.P1 application dated 11.2.2008 for inter district transfer from Malappuram to Kannur District. The grievance of the petitioner is that the third respondent Headmistress has not forwarded the application to the Deputy Director of Education, Malappuram. It is stated that the Headmistress took the view that for enabling the petitioner to make an application for inter district transfer, five years service in the same cadre is necessary. The contention of the petitioner is that if there is a total service of five years in that particular district, it enables the petitioner to apply for inter district transfer. 3. The reliefs prayed for in the Writ Petition are the following: WP(C) No.13616/2008 2 “i) to issue a writ of writ of mandamus directing the respondents to grant inter-district transfer to the petitioner from Malappuram District to Kannur District, forthwith considering Exhibit P1 application. ii) to declare that the petitioner is eligible to get inter district transfer from Malappuram District to Kannur District in the light of Exhibit P3 Government order and that the respondents are liable to honour the same. iii) to command the 3rd respondent to forward the Exhibit P1 application submitted by the petitioner to the 1st respondent, and further to direct the 1st respondent to forward the same to the 2nd respondent, forthwith. iv) to command the 2nd respondent to consider and pass orders on Exhibit P1, granting inter district transfer to the petitioner to Kannur District, in the quota earmarked for inter district transfer in the academic year 2008-2009 itself. v) to issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.” WP(C) No.13616/2008 3 4. Heard the learned counsel for the petitioner and the learned Government Pleader who appeared for the respondents. The counsel for the petitioner as well as the Government Pleader submitted that the Writ Petition itself can be disposed of, since the petitioner has confined her reliefs to relief Nos. iii and iv for the time being. The learned Government Pleader has no objection to grant relief No.iii and the first limb of relief No. iv. Accordingly, the Writ Petition is disposed of in the following manner:- i) The Headmistress, G.H.S.S., Tiruranangadi shall, within one week from today, forward the application dated 11.2.2008 submitted by the petitioner for inter district transfer to the Deputy Director of Education, Malappuram. ii) The Deputy Director of Education, Malappuram shall, thereafter within one week, forward the application to the Deputy Director of Education, Kannur. iii) The Deputy Director of Education, Kannur shall consider Ext.P1 on the merits and pass orders thereon within a period of one month thereafter, in accordance with law. WP(C) No.13616/2008 4 iv) Petitioner shall be heard by the Deputy Director of Education, Kannur (2nd respondent) before passing any order. The petitioner is free to put forward all her contentions before the second respondent. K.T. SANKARAN, JUDGE. cks