Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 to 3, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. The petitioner, who is the senior most Arabic teacher in the 5th respondent's school, was transferred to the 6th respondent's school through Ext.P2 proceedings. Since the petitioner is due to retire by May, 2015, left with hardly six months' service, she submitted Ext.P3 representation to the 2nd respondent complaining of violation of Rules 10 and 12 of Chapter XIV A of KER in issuing Ext.P2 transfer proceedings. Aggrieved by the non-disposal of Ext.P3, the petitioner approached this Court. The learned counsel for the petitioner, making a specific reference to Rules 10 and 12 of Chapter XIV A of KER, strenuously contends that the petitioner ought not to have been transferred in the middle of the academic year, more particularly, when she has been left with hardly six months' service.
3. The learned Government Pleader, on his part, has submitted that since the 2nd respondent has actively been seized of Ext.P3, which was filed very recently, it may not be appropriate at this juncture for this Court to adjudicate the issue on merits.
Be that as it may, in the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioner and the learned Government Pleader, without adverting to the merits of the matter, this Court disposes of the writ petition with a direction to the 2nd respondent to consider Ext.P3 representation in the light of Rules 10 and 12 of Chapter XIV A of KER and pass appropriate orders thereon, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. It is made clear that at the time of considering Ext.P3 representation, the 2nd respondent may provide an opportunity of being heard to the Manager of the 5th respondent school as well as the petitioner. It is further made clear that if the petitioner has not already been relieved, until the disposal of Ext.P3 representation, she shall be allowed to continue in the 5th respondent's school. No order as to costs.
sd/- DAMA SESHADRI NAIDU, JUDGE.
rv