Nisha K.N vs State Of Kerala And Ors

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 Schoolâ€, 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.

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withdrawn; and obviously, therefore, this aspect will also be kept in mind by the District Educational Officer as and when an application is made by the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.