Disposed

Sreedevi M.S. v. State of Kerala

Kerala HC16 Jun 2010WP(C)/30492/2009

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a PD teacher seeking transfer to her native district. Instead of deciding the substantive plea, the Court granted liberty to file a transfer application under prevailing norms while considering her pending compassionate transfer claim.

What did the court decide?

Liberty granted to the petitioner to make an application for transfer under prevailing norms.

Sreedevi M.S. Vs State of Kerala — Service and Employment | Kerala HC (2010)

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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 C.T.RAVIKUMAR

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WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932

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WP(C).No. 30492 of 2009(F)

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----------------------------------------

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PETITIONER(S):

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------------------------

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SREEDEVI M.S., AGED 43 YEARS,

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D/O.SREEDHARAN AND W/O.A.P. SASI, R/AT AMBALAPARAMBIL HOUSE, KADUNGAMANGALAM, THIRUVANKULAM, ERNAKULAM, NOW TEMPORARILY R/AT AMRUTHALAYAM, NADAKAVU P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT.

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BY ADV. SRI.TOM JOSE,

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SMT.GEETHA JOB (OZHUKAYIL).

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RESPONDENT(S):

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--------------------------

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF PUBLIC INSTRUCTION, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM.

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3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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R1 TO R3 BY GOVT. PLEADER MR.SANDESH RAJA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 30492/2009-F

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE SERVICE CERTIFICATE OF THE PETITIONER'S HUSBAND.

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EXT.P2: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE MINISTER OF EDUCATION.

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EXT.P3: COPY OF THE TREATMENT CERTIFICATE ISSUED BY DR.P.M. REJESWARI.

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EXT.P4: COPY OF THE G.O.(MRS)NO.8585/GAD DATED 04/03/1985.

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EXT.P5: COPY OF THE G.O.(P)NO.12/04/P & ARD DATED 10/09/2004.

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EXT.P6: COPY OF THE RECEIPT ISSUED BY DPI TO THE PETITIONER.

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EXT.P7: COPY OF THE REPLY SENT BY THE DPI TO THE PETITIONER.

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EXT.P8: COPY OF THE REPRESENTATION DATED 23/09/2009 SENT BY THE PETITIONER TO THE RESPONDENTS.

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EXT.P9: COPY OF THE AD CARDS SHOWING RECEIPTS OF THE REPRESENTATION BY THE RESPONDENTS.

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EXT.P9: COPY OF THE PROCEEDINGS NO.A1/60662/209/DPI/DATED 25/03/2010 ALONG WITH LIST OF P.D. TEACHERS.

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EXT.P10: COPY OF THE G.O.(RT.7.2672/87/G.EDN.) DATED 10/09/1987.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

rs.

C.T. RAVIKUMAR, J.

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- - - - W.P. (C) No. 30492 OF 2009

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- - - - Dated this the 16^th day of June, 2010

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The petitioner is a PD teacher presently working in Thiruvananthapuram District. She was originally recruited to Kasaragod District. The petitioner has submitted Ext.P8 representation dated 23.9.2009 requesting for consideration of her claim for transfer to her native District Ernakulam in the light of Exts.P4, P5 and P10 Government Orders. Ext.P9 is a list of Government School Teachers for inter district transfer on compassionate grounds for the year 2009-10. In the said list, the petitioner's name figures at Sl.No.4 in the category of PD teachers. Thus it is evident that considering her claim for transfer on compassionate grounds she has been included in the list. Now, the petitioner seeks consideration of her claim for transfer, in the light of general norms as well viz., Ext.P10 and subsequent orders issued on the subject by the Government. To get a transfer in terms of Ext.P10 or modified orders, the petitioner has to approach the authorities with a proper application at the appropriate time.

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WPC.30492/2009

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: 2 :

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Therefore, this writ petition is disposed of granting liberty to the petitioner to make an application for transfer in terms of the transfer norms presently holding the field in case the time limit prescribed for that purpose has not been expired. In case of receipt of such an application from the petitioner it is to be processed and considered at the time of consideration of general transfer. But, that shall not stand in the way of consideration of the claim of the petitioner in the light of her position in Ext.P9.

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Sd/- (C.T. RAVIKUMAR, JUDGE)

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jma

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//true copy//

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P.A to Judge

Sreedevi M.S. v. State of Kerala

Case brief

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Sreedevi M.S. v. State of Kerala

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