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2021 Supreme(Online)(KER) 6778
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942 WP(C).No.14276 OF 2012(H)
PETITIONER:
NISHA.K.N.
AGED 31 YEARS UPPER PRIMARY SCHOOL ASSISTANT, NEHRU MEMORIAL UPPER PRIMARY SCHOOL, VALLIYOORKAVU P.O.,MANATHAVADY ,WAYANAD DIST BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENTS:
1 STATE OF KERALA REP.BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM-695001
2 THE DISTRICT EDUCATIONAL OFFICER THALASSERY, KANNUR DIST-670101
3 THE DISTRICT EDUCATIONAL OFFICER KALPETTA, WAYANAD-673121
4 THE ASSISTANT EDUCATIONAL OFFICER MANANTHAVADY-670645
5 THE MANAGER NEHRU MEMORIAL UP SCHOOL, VALLIYOORKAVU, MANANTHAVADY, WAYANAD-670645
6 T.P GOPINATHAN NAIR FORMER MANAGER NAIR SERVICE SOCIETY, KARAYOGAM, UP SCHOOL,KOTTIYOOR-670001
7 THE MANAGER NAIR SERVICE SOCIETY, KARAYOGAM, NSSK UP SCHOOL, KOTTIYOOR, KANNUR DIST-670001
8 SRI.PRASHANTH UPSA NSSK UP SCHOOL, KOTTIYOOR, KANNUR DIST-670001, 9 THE ASSISTANT EDUCATIONAL OFFICER IRITTY, KANNUR DIST-670001 R1 BY GOVERNMENT PLEADER R1 BY ADV. SRI.M.V.BOSE R1 BY ADV. SRI.R.KRISHNAKUMAR CHERTHALA R1, R8 BY ADV. SRI.R.K.MURALEEDHARAN R1 BY ADV. SMT.NISHA BOSE R1 BY ADV. SRI.VINOD MADHAVAN OTHER PRESENT:
SRI. SUNIL KUMAR KURIAKOSE (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['SRI POOVAMULLE PARAMBIL ABDULKAREEM', 'GOVERNMENT PLEADER', '', 'SRI M V BOSE', 'SRI R KRISHNAKUMAR CHERTHALA', 'SRI R K MURALEEDHARAN', 'SMT NISHA BOSE', 'SRI VINOD MADHAVAN']
JUDGMENT
The petitioner says that while she was working as an Upper Primary School Teacher in Nehru Memorial Upper Primary School, Wayanad, she had applied for inter management transfer to the “Nair Service Society Karayogam Upper Primary School”, Kottiyoor. The petitioner says that even though the 5th respondent agreed to transfer her and the 6th respondent agreed to appoint her, no decision has been taken on her request until now. She, therefore, prays that the 2nd respondent be directed to accept her transfer application and to appoint the petitioner to the latter school; and further seeking a declaration that appointment of the 8th respondent is illegal.
2. Even though I have heard Sri.Abdul Kareem, learned counsel for the petitioner, in some detail today, the fact remains that this matter has been pending before this Court for the last 8 years and the petitioner has not been able to obtain any interim orders until now. Obviously, therefore, by efflux of more than 8 years, the petitioner's request for being transferred to the “Nair Service Society Karayogam Upper Primary School” Kottiyoor, will have to be now considered based on the realities available today particularly, as to whether there is a vacancy available in the said school even as of today.
In the afore circumstances, I order this Writ Petition and grant liberty to the petitioner to make a fresh application staking claim for transfer to any vacancy that is available or is arising in the said School; in which event, the 2nd respondent - District Educational Officer, Thalassery, will consider the said application, after affording necessary opportunity of being heard to the management of both the Schools as also to any other teacher, who is likely to be affected and take an appropriate decision thereon without any delay.
After I dictated this judgment, the learned counsel appearing for the 6th respondent submitted that the earlier consent given by her client has been withdrawn; and obviously, therefore, this aspect will also be kept in mind by the District Educational Officer as and when an application is made by the petitioner in terms of the afore directions.
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 6.2.2012 ALONG WITH APPLICATION FOR TRANSFER SUBMITTED TO 2ND RESPONDENT BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LETTER NO.B4/1955/2012 DATED 26.3.2012 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE DECLARATION DATED
15.4.2012 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE GO (P) NO.256/11/G.EDN.
DATED 28.12.2011.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 21.7.2012 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(A) A COPY OF THE G.O.(RT) NO.3778/2012/G.EDN.
IS PRODUCED.
EXHIBIT R7(A) TRUE COPY OF THE ORDER DATED 26.4.2011.
EXHIBIT R7(B) TRUE COPY OF THE EXTRACT FROM THE REGISTER.
EXHIBIT R7(C) TRUE COPY OF THE LETTER DATED 7.5.2012 ADDRESSED TO DEPUTY DIRECTOR OF EDUCATION, KANNUR AND ASSISTANT EDUCATIONAL OFFICER, MANANTHAVADY.
