IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 6222 of 2011(C) -------------------------------------- PETITIONER(S): ------------------------ R.SREEKALA, 43 YEARS, W/O.K.P.CHANDRASEKHARAN NAIR, P.D.TEACHER (TAMIL MEDIUM), GOVT. L.P.SCHOOL, GAVI POST, PATHANAMTHITTA DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695001. 4. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695001. 5. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA-689645. 6. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689645. R1 TO R6 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.6222 Of 2011 ----------------------------------------------------- DATED THIS THE 28th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner is working as P.D.Teacher(Tamil Medium) in the Government L.P.School, Gavi in Pathanamthitta District. It is the case of the petitioner that in spite of availability of several vacancies in Thiruvananthapuram District based on which the petitioner has submitted an application for suitable posting, the request is not being considered, as all the 14 vacancies are proposed to be reported to the PSC. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The learned counsel for the petitioner submitted that the place Gavi is earmarked as a difficult area and the petitioner has already completed eight years there. It is pointed out that several vacancies are existing in Thiruvananthapuram District. 4. The petitioner is seeking inter district transfer on compassionate ground. It is pointed out that in Exhibit P3 proceedings, the Director of Public Instructions has directed the Deputy Director of Education to consider the names of various W.P.(C)No. 6222/11 -2- categories for inter district transfer on compassionate ground and the petitioner is Sl.No.2 among the list of P.D.Teachers. It is stated that she is the seniormost in Tamil Medium. 5. Exhibit P6 is the representation submitted by the petitioner before the Director of Public Instructions wherein she has explained the difficulty for working in Gavi, which is said to be a deep forest area. It is also stated that she has completed eight years there. 6. It is upto the 2nd respondent to take a decision on Exhibit P6. Since the petitioner is seeking for inter-district transfer, one vacancy of P.D.Teacher(Tamil Medium) will be kept without reporting to the PSC for the time being, till a decision is taken on the representation submitted by the petitioner as per Exhibit P6. The representation will be duly considered in accordance with law and appropriate orders will be passed by the 2nd respondent within a period of one month. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment before the 2nd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge