IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 31740 of 2008(C) PETITIONER : ANITHA RAM, W/O.K.SATHEESH KUMAR, H.NO.14/297, INDIRA NAGAR, IST STREET, KUNNATHURMEDU POST, PALAKKAD DISTRICT - 678 013 (WORKING AS A VOCATIONAL TEACHER (AGRICULTURE) IN GOVT.VOCATIONAL HIGHER SECONDARY SCHOOL, AGALI, PALAKKAD). BY ADV. SRI.O.RAMACHANDRAN NAMBIAR RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. JAYASREE, TEACHER, GOVERNMENT VOCATIONAL HIGHER SECONDARY AND TECHNICAL HIGH SCHOOL, PALAKKAD, (MARUTHURODE). R3 BY ADV. SRI.SHEEJO CHACKO GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER NO.E1/7808/07(1) DATED 11.6.2008 ISSUED BY THE SECOND RESPONDENT UNDER RULE 3(c) OF THE GENERAL RULES IN THE KERALA STATE AND SUBORDINATE SERVICE RULES, 1958. EXT.P2 TRUE COPY OF THE COMMUNITY CERTIFICATE NO.344/08 DATED 15.2.2008 ISSUED BY THE VILLAGE OFFICER, VATTAPARA. EXT.P3 TRUE COPY OF THE COMMUNITY CERTIFICATE NO.4053/08 DATED 13.10.2008 ISSUED BY THE VILLAGE OFFICER, PALAKKAD - III. EXT.P4 TRUE COPY OF THE MARRIAGE CERTIFICATE NO.16/06 DATED 28.12.2006 ISSUED BY THE MARRIAGE OFFICER, PALAKKAD. EXT.P5 TRUE COPY OF THE CERTIFICATE NO.D1-416/2007 DATED 13.9.2008 ISSUED BY THE SPECIAL TAHSILDAR, LA(NH) NO.II, PALAKKAD. EXT.P6 TRUE COPY OF THE APPLICATION FORM DATED 10.7.2008. EXT.P7 TRUE COPY OF THE “MALAYALA MANORAMA” DAILY DATED 21.9.2008 SHOWING THE ADVERTISEMENT. EXT.P8 TRUE COPY OF THE LETTER DATED 22.9.2008 GIVEN BY THE PETITIONER TO THE SECOND RESPONDENT. EXT.P9 TRUE COPY OF THE REPRESENTATION DATED 7.10.2008 FILED BEFORE THE SECOND RESPNDENT BY THE PETITIONER. EXT.P10 TRUE COPY OF THE ORDER G.O.(MS)109/71/PD DATED 20.7.1971. EXT.P11 TRUE COPY OF THE ORDER G.O.(MS)106/76/PD DATED 1.4.1976. EXT.P12 TRUE COPY OF THE G.O.(MS)176/76/PD DATED 16.6.1976. EXT.P13 TRUE COPY OF THE CIRCULAR NO.49268/SDA/80/GAD DT.31.5.1980. EXT.P14 TRUE COPY OF THE CIRCULAR NO.13005/52/80/ID DT.21.11.1980. EXT.P15 TRUE COPY OF THE S.U.(P)1/2005/U DATED 4.1.2005. EXT.P16 TRUE COPY OF THE TRANSFER ORDER NO.E1/2194/08 DT.20.9.2008. EXT.P17 TRUE COPY OF THE LIST DATED 16.10.2008 PUBLISHED IN INTERNET WEB SITE www.vhse.kerala.gov.in BY THE SECOND RESPONDENT. EXT.P18 TRUE COPY OF THE TRANSFER ORDER LIST NO.E1/4539/08 DATED 15.11.2008 ISSUED BY THE SECOND RESPONDENT. EXT.P19 TRUE COPY OF THE RELIEVING ORDER DATED 9.1.2009 ISSUED BY THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, NENMARA, PALAKKAD. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 31740 OF 2008 C ------------------------------------------------------ Dated this the 22nd January, 2009 JUDGMENT The petitioner was working as Vocational Teacher (Agriculture) in Government Vocational Higher Secondary School, Agali, Palakkad. It is stated that she belongs to Hindu - Nadar community, which is included in Other Backward Classes. The petitioner's husband belongs to Ezhava community. The marriage between the petitioner and her husband is an intercaste marriage. Her husband is working as Surveyor Grade I in the Office of the Special Tahsildar, LA (NH) No.II, Palakkad. When the second respondent invited applications for transfer and posting in July, 2008, the petitioner submitted an application for transfer. In that application, the petitioner had shown the Government Vocational Higher Secondary and Technical High School, Palakkad (Maruthurode) as the first choice and Government Vocational Higher Secondary School, Nenmara as the second choice. As per Ext.P16 order dated 20.9.2008, the third respondent was transferred and posted at Government Vocational Higher Secondary and Technical High School, Palakkad. As per Ext.P17 draft list of Vocational Teachers whose transfer requests are considered, one Manu P.Mani was proposed to be transferred to Government Vocational Higher Secondary School, Nenmara, which was the second choice of the petitioner. W.P.(C) NO.31740 OF 2008 :: 2 :: 2. The reliefs prayed for in the Writ Petition are the following: “a) to issue a writ of certiorari or such other writ, direction or order to quash Exhibits P16 and P17; b) to issue a writ of mandamus or such other writ, direction or order directing the 2nd respondent to transfer the 3rd respondent to the Government Vocational Higher Secondary School, Nenmara, Palakkad and to post and appoint the petitioner in the newly created vacancy at Government Vocational Higher Secondary and Technical High School, Palakkad (Maruthurode); c) to call for the records relating to Exhibits P16 and P17; d) to award cost of this writ petition from the respondents; and e) to grant such other reliefs as may be deemed just and necessary for the facts and circumstances of the case.” 3. It is submitted by the learned counsel for the petitioner that subsequent to the filing of the Writ Petition, as per Ext.P18 order of transfer, the petitioner was transferred to Government Vocational Higher Secondary School, Nenmara, which is her second choice. Learned counsel for the petitioner submits that in view of Ext.P18 order, no further orders are necessary in the Writ Petition, as the petitioner has got a transfer to the place of her second choice. It is submitted by the learned counsel for the petitioner that the petitioner was on medical leave for two days while working at Government Vocational Higher Secondary School, W.P.(C) NO.31740 OF 2008 :: 3 :: Agali and that she could not join at Nenmara because of an order of stay passed by this Court. The counsel submits that the period during which the petitioner could not join at Nenmara is to be regularized and the disposal of the Writ Petition should not stand in the way of her approaching the appropriate authority for regularization of the period of absence. Leaving open the right of the petitioner to move the appropriate authority for regularization of the aforesaid period, the Writ Petition is closed. (K.T.SANKARAN) Judge ahz/