Disposed

Thressiamma George v. Director of Public Instruction & Others

Kerala HC17 Aug 2009WP(C)/23426/2009

Case brief

AI extract

What is this about?

The petitioner, an U.P.S.A teacher, sought direction for a transfer due to epilepsy. The Court directed the 1st respondent to decide her pending application within six weeks after hearing parties.

What did the court decide?

Direction to the 1st respondent to take a decision on the petitioner's representation (Exhibit P5) after hearing parties within six weeks.

Thressiamma George Vs Director of Public Instruction… — Service and Employment | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

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MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931

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WP(C).No. 23426 of 2009(W)

PETITIONER:

THRESSIAMMA GEORGE, UPSA, ST.MARY'S UPS, THARIYODE, WAYANAD DISTRICT.

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BY MR.JOSE PALLATTUKARAN, ADVOCATE.

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RESPONDENTS:

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THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

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THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY, MANANTHAVADY P.O., WAYANAD DISTRICT.

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PHILOMINA THOMAS, LPSA, ST.THOMAS LPS, ARINCHEERAMALA NOW WORKING IN ST.ANTONY'S UPS, KOTTATHARA, WAYANAD DISTRICT.

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BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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T.R. RAMACHANDRAN NAIR, J.

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--------------------------------------W.P.(C) No.23426 OF 2009

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Dated this the 17^th day of August, 2009.

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J U D G M E N T

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The petitioner herein is working as U.P.S.A in St.Mary's UPS, Thariyode which is managed by the 2^nd respondent. The petitioner was transferred from St.Antony's UPS, Kottathara to the present place Thariyode on 01.06.2009 as per Exhibit P1 order. It is the submission of the petitioner that the matter was taken up with the management and assurance was given that the petitioner would be re-transferred. On the basis of the assurance, the petitioner joined duty at Thariyode school. Exhibit P2 is the copy of the representation filed before the Manager. It is the case of the petitioner that the 2^nd respondent declined to act on Exhibit P2.

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The petitioner subsequently filed Exhibit P5 before the 1^st respondent challenging the order of transfer pointing out that she is an epileptic patient and her illness requires constant attention by her husband and relatives. The petitioner's husband

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W.P.(C) No.23426/2009

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is presently working in Wayanad as Jail Warden, and her family is residing near Kottathara school. Exhibits P3 and P4 medical certificates are relied upon by the petitioner in support of her plea.

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Since Exhibit P5 is pending before the 1^st respondent, there will be a direction to the 1^st respondent to take a decision on Exhibit P5, after hearing the petitioner and the Manager, within a period of six weeks from the date of receipt of a copy of this judgment.

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This writ petition is disposed of as above.

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T.R. RAMACHANDRAN NAIR JUDGE

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smp

Thressiamma George v. Director of Public Instruction & Others

Case brief

What is this about?

What did the court decide?

Thressiamma George v. Director of Public Instruction & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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