IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 12128 of 2008(R) PETITIONER: AMBIKA KUMARI B., H.S.A. (HINDI) G.V.H.S.S. MOGRAI, P.O.MOGRAL, KASARGOD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF EDUCATION KASARGOD. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION FOR TRANSFER IN THE PRESCRIBED FORM TOGETHER WITH THE COVERING LETTER BY THE PRINCIPAL, GVHSS MOGRAL. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 20.2.2007 FILED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT TOGETHER WITH DOCUMENTS. EXT.P3 TRUE COPY OF THE CIRCULAR NO.A1-91610/96/DPI DATED 1.1.1997. EXT.P4 TRUE COPY OF THE JUDGMENT DATED 4.9.2007 IN W.P.(C) NO.26218 OF 2007. EXT.P5 TRUE COPY OF THE ORDER DATED 24.1.2008 ISSUED BY THE THIRD RESPONDENT. EXT.P6 TRUE COPY OF THE APPLICATION FOR TRANSFER OF TEACHERS DATED 20.2.2008 FILED BY THE PETITIONER. EXT.P7 TRUE COPY OF THE LETTER DATED 20.2.2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 12128 OF 2008 R -------------------------------------------- Dated this the 25th August, 2008 JUDGMENT Petitioner is working as High School Assistant (Hindi) in G.V.H.S.S. Mogral in Kasaragod District. She had submitted applications praying for inter-district transfer. The prayer made by the petitioner was to transfer her to a school in Thiruvananthapuram District. The petitioner belongs to Thiruvananthapuram. There was an earlier Writ Petition, namely, W.P.(C) No.26218 of 2007, which was disposed of as per Ext.P4 judgment dated 4.9.2007, directing the Deputy Director of Education to consider the applications submitted by the petitioner and to dispose of the request for inter-district transfer. The Deputy Director of Education passed Ext.P5 order dated 24.1.2008, rejecting the prayer made by the petitioner. The reasons stated in Ext.P5 order are the following: (1) The petitioner has not submitted the application for inter-district transfer through proper channel for 2007-08. (2) Compassionate transfer can be made only from the list prepared by the Director of Public Instruction. (3) Though the petitioner is the fourth candidate in the compassionate list in HSA (Hindi), her turn has not come. (4) The case of the petitioner will be taken up for consideration as and when her turn comes up. W.P.(C) NO.12128 OF 2008 :: 2 :: 2. The petitioner contends that she is the wife of a retired Jawan. The mother-in-law of the petitioner is aged 80. Son of the petitioner is a mentally retarded child. Petitioner states that it is necessary to admit the child to the Vocational Rehabilitation Center for Handicapped at Thiruvananthapuram. It is also necessary to get better treatment from the Medical College, Thiruvananthapuram. The petitioner states that if she works at Kasaragod, it would be highly difficult for her to satisfy the requirements of the family, in the facts and circumstances of the case. 3. The petitioner submitted Ext.P7 representation dated 20.2.2008, to the Director of Public Instruction, Thiruvananthapuram, pointing out the circumstances in which the petitioner is placed and making a claim that she may be transferred to Thiruvananthapuram District. It is pointed out by the learned counsel for the petitioner that Ext.P6 application for transfer has been made in the proper form on 20.2.2008, to the Deputy Director of Education. Ext.P6 application for transfer is not yet disposed of. Likewise, Ext.P7 representation is also not disposed of by the Director of Public Instruction. 4. The relief prayed for in the Writ Petition is to quash Ext.P5 order and to issue a writ of mandamus directing respondents 2 and 3 to grant inter-district transfer to the petitioner to Thiruvananthapuram District. In W.P.(C) NO.12128 OF 2008 :: 3 :: view of the pendency of Ext.P7, learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the Director of Public Instruction to consider and dispose of Ext.P7 representation. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction, Thiruvananthapuram to consider and dispose of Ext.P7 representation filed by the petitioner, as expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner. The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/