IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 20771 of 2010(V) -------------------------- PETITIONER(S): --------------- K.SATHYABHAMA,FULL TIME MENIAL, ASSISTANT EDUCATIONAL OFFICE,SHORANUR, TRANSFERRED TO GOVERNMENT HIGH SCHOOL, CHALISSERY. BY ADV. SRI.K.SASIKUMAR SRI.S.ARAVIND RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION,PALAKKAD. 2. ADMINISTRATIVE ASSISTANT OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 3. ASSISTANT EDUCAITONAL OFFICER, SHORANUR. 4. HEAD MASTER, GOVERNMENT HIGH SCHOOL CHALISSERY, PALAKKAD DISTRICT. 5. CHINNAMMA MATHEW, GHS CHERPPULASSRY NOW TRANSFERRED TO ASSISTANT EDUCATIONAL OFFICE SHORANUR. BY GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.20771/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE DISABILITY CERTIFICATE RELATING TO THE PETITIONER. EXT.P2: A TRUE COPY OF THE RAILWAY CONCESSION CERTIFICATE ISSUED TO THE PETITIONER. EXT.P3: A TRUE COPY OF THE PROCEEDINGS DATED 6.7.81 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.P4: A TRUE COPY OF THE APPLICATION DATED 31.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: A TRUE COPY OF THE APPLICATION DATED 17.6.2010 SUBMITTED BY THE PETITIONER. EXT.P6: A TRUE COPY OF THE ORDER DATED 9.6.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P7: A TRUE COPY OF THE ORDER DATED 19.6.2010 ISSUED BY THE 3RD RESPONDENT. EXT.P8: A TRUE COPY OF THE REPRESENTATION DATED 23.6.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P9: A TRUE COPY OF THE RETURNED APPLICATION FROM 3RD RESPONDENT. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.20771 of 2010 ---------------------------------------- Dated 17th August, 2010 JUDGMENT The petitioner is presently working as a Full Time Menial in the Assistant Educational Office, Shoranur. She is a physically handicapped person suffering from 50% orthopaedic disability. The petitioner submitted Ext.P9 application for voluntary retirement before the third respondent on account of her poor health condition. After the submission of Ext.P9 application for voluntary retirement, she is ordered to be transferred as per Ext.P6. It is in the said circumstances that this writ petition has been filed by the petitioner. Though the petitioner challenges the order of transfer, the main grievance of the petitioner is with respect to the inaction on her application for voluntary retirement. Taking into account the said situation this Court passed an interim order on 5.7.2010. The said order was passed since Ext.P9 application for voluntary retirement submitted by the petitioner was returned. As per the said interim order, this Court directed the petitioner to re-submit the original of Ext.P9 application for voluntary retirement to the third respondent and the third respondent, in turn, was directed to receive the original WP(C).No.20771/2010 2 of Ext.P9 and forward the same to the first respondent for passing appropriate orders thereon. When this matter was taken up today, the learned counsel for the petitioner submitted that in terms of the interim order dated 5.7.2010 the original of Ext.P9 application has been resubmitted to the third respondent and the third respondent had forwarded the same to the first respondent. Thus it is obvious that now Ext.P9 application for voluntary retirement has reached the first respondent. In terms of Rule 56 of Part III of the Kerala Service Rules, the first respondent is bound to pass orders thereon. In the circumstances, there will be a direction to the first respondent to pass orders on Ext.P9 application for voluntary retirement submitted by the petitioner in accordance with the provisions under Rule 56. C.T.RAVIKUMAR Judge TKS