IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 28302 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ GEETHA P.V., EDAMANA MADOM, THALAYAZHAM, VAIKOM-686 607. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, SHANTINAGAR, THIRUVANANTHAPURAM-695 001. R1 & R2 BY SR. GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28302/2011 K APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(P)115/09/GE DATED 27-05-2009. EXHIBIT P2: TRUE COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF HSST(JR) FOR 2009. EXHIBIT P3: TRUE COPY OF THE ORDER NO.AD B5/2397/HSE/2010 DATED 29-06-2010. EXHIBIT P4: TRUE COPY OF THE LETTER DATED 6-7-2010 SENT BY THE PRINCIPAL, GOVT.BOYS HSS CHITTOOR, PALAKKAD TO THE ACCOUNTANT GENERAL'S OFFICE IN CONNECTION TO THE PETITIONER'S TAKING CHARGE. EXHIBIT P5: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER GIVING THE OPTIONS FOR TRANSFER. EXHIBIT P6: TRUE COPY OF THE PROVISIONAL LIST OF TRANSFERS WAS ISSUED BY THE 2ND RESPONDENT ON 14-06-2011. EXHIBIT P7: TRUE COPY OF THE PETITIONER'S COMPLAINT DATED 23-06-2011. EXHIBIT P8: TRUE COPY OF THE ORDER NO.AD.C5/26034/HSE/10 DATED 7-7-2011 EXHIBIT P9: TRUE COPY OF THE CIRCULAR NO.AD.C5/16428/HSE/2011 DATED 8-8-2011. EXHIBIT P10: TRUE COPY OF THE 2ND RESPONDENT'S CIRCULAR NO.A.D.C.5/ 16428/H.S.E./2011 DTD. 30/09/2011. EXHIBIT P11: TRUE COPY OF THE PETITIONER'S TRANSFER APPLICATION. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28302/2011-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of November, 2011 J U D G M E N T The petitioner is now working as Higher Secondary School Teacher (Chemistry) in the Government Boys Higher Secondary School, Chittur, Palakkad. Mainly, the complaint is that even though the petitioner submitted various options for transfer to her native district, the same have not been considered at all and the juniors to the petitioner in the seniority list Exts.P2 and Ext.P3 were given convenient postings. The petitioner has elaborated her contentions in the matter in the writ petition. Ext.P8 is a final order dated 07/07/2011 which according to the petitioner was issued without considering her complaint Ext.P7 also. The petitioner points out that she had availed maternity leave from June 2011 and she is due to rejoin in November, 2011. She has sought for a transfer to her native district again in the light of Ext.P9 Circular. In I.A.No.17612/2011 the petitioner has produced Ext.P11 application, namely, the option for transfer W.P.(C). No.28302/2011 -:2:- wherein the first option is H.S.S Peruva in Kottayam District. Various other options have also been shown. 2. The learned counsel for the petitioner expressed an apprehension that in the light of the experience of the petitioner in the previous occasion, namely, of non considering the seniority of the petitioner, the case of the petitioner may not be considered this year also, appropriately. 3. It is submitted by the learned Government Pleader that at that point of time, there was no existing vacancy in the native district of the petitioner and the persons posted were considered for accommodation under different circumstances namely, retrenchment from service etc. 4. I am not going into the said controversy here since what is sought for by the petitioner is only consideration of Ext.P11 before finalising the list for transfer this year. 5. In that view of the matter, there will be a direction to the respondents, specifically the second respondent to consider the application Ext.P11, W.P.(C). No.28302/2011 -:3:- produced along with I.A.No.17612/2011, before finalising the list for transfer in terms of the various guidelines issued in the matter. The writ petition is accordingly disposed of. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms