IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1326 of 2010(M) ------------------------- PETITIONER(S): --------------- JOY JOHN, PHYSICAL EDUCATION TEACHER, GOVT. HIGH SCHOOL, THIRUVANKULAM. BY ADV. SRI.M.POLY MATHAI RESPONDENT(S): --------------- 1. THE DY. DIRECTOR (EDUCATION), CIVIL STATION, KAKKANAD, ERNAKULAM. 2. THE HEADMASTER, GOVT. HIGH SCHOOL, THIRUVANKULAM. 3. STATE OF KERALA, REP. BY THE SECRETARY, EDUCATION DEPT., THIRUVANANTHAPURAM. GOVT. PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 1326 of 2010 ================== Dated this the 14th day of January, 2010 J U D G M E N T The petitioner is a Physical Education Teacher working in the Government Higher Secondary School, Thiruvankulam. He is also required to work in the Government High School, Pulickamali on clubbing arrangement, since taken individually, each school does not have enough students' strength for a Physical Education Teacher. Now the petitioner is sought to be transferred to the Government Regional Fisheries Technical School, Thevara, where a regular post of Physical Education Teacher has arisen. But unfortunately for the petitioner, the Government Regional Fisheries Technical School is a residential school and the Physical Education Teacher is expected to be the hostel warden and to reside in the school hostel itself. The petitioner hails from Piravom. He has aged mother, wife and three small children. Therefore, his presence at home is absolutely necessary. In the above circumstances, the petitioner has filed Ext.P2 representation requesting cancellation of his posting at Fisheries Technical School at Thevara and to retain the petitioner in the present schools. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P2 as expeditiously. 2. I have heard the learned Government Pleader also. The 2 learned Government Pleader would submit that, under law, the petitioner may not be entitled to make the request made by him. Whatever that be, it is for the 1st respondent to consider the same in accordance with the rules applicable. 3. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P2 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are thus passed, the petitioner shall be retained in the present schools. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge