AMBIKA KUMARI B Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is working as High School Assistant (Hindi) in G.V.H.S.S., Mogral in Kasaragod District. She belongs to Thiruvananthapuram. The petitioner submitted an application for inter district transfer to Thiruvananthapuram. She had filed W.P.(C) No.26218 of 2007, which was disposed of as per Ext.P4 judgment dated 4.9.2007, directing the Deputy Director of Education to consider the application submitted by the petitioner. The Deputy Director of Education passed Ext.P5 order dated 24.1.2008 rejecting the application submitted by the petitioner.

(2.) The petitioner submitted a representation dated 20.2.2008 to the Director of Public Instruction pointing out the circumstances in which she is placed and making a claim for inter district transfer. She had also made an application for inter district transfer in the proper form on 20.2.2008. The petitioner filed W.P.(C) No.12128 of 2008 alleging that her claim was not being considered and to quash the order dated 24.1.2008 passed by the Deputy Director of Education. W.P.(C) No.12128 of 2008 was disposed of as per Ext.P8 judgment dated 25.8.2008, directing the Director of Public Instruction, Thiruvananthapuram to consider and dispose of the request made by the petitioner expeditiously. The Director of Public Instruction, Thiruvananthapuram, in compliance with Ext.P8 judgment, passed Ext.P9 order dated 4.11.2008 rejecting the claim of the petitioner. The relevant portion of Ext.P9 order reads as follows:

(3.) In the counter affidavit dated 7th August, 2009 filed by the third respondent, it is stated that the petitioner is at present working in Thiruvananthapuram District from 5.3.2009 on deputation. It was also pointed out in the counter affidavit that though the petitioner deserves inter district transfer under compassionate ground, there are other applicants who are placed above in the seniority list for inter district transfer on compassionate grounds. The petitioner is serial No.4 in the list. Only after giving transfer to the other three persons, the petitioner can be granted inter district transfer. The details and the method as to how inter district transfer is being made has also been stated in detail in the counter affidavit.