IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 23990 of 2007(E) -------------------------------------- PETITIONER(S): ----------------------- T. GOPAKUMAR, AGED 38 YEARS, W/O. E.PADMANABHA WARRIAR, H.S.A. MATHS, G.H.S. PALLIKKARA, KASARAGOD DISTRICT. BY ADV. MR.KODOTH SREEDHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DY. DIRECTOR OF EDUCATION, KASARAGOD. 3. K.P. VANAJA, H.S.A. MATHS, G.H.S. PALLIKKARA,KASARAGOD DISTRICT *ADDL. R4 IS IMPLEADED. 4. SOUMYA M., W/O. RAVINDRAN, M.P.VI/160, KADAVATH COMPOUND, UDAYAGIRI, VIDYANAGAR P.O., KASARGAD DISTRICT. ADDL. R4 IS IMPLEADED AS PER ORDER DTD. 9.12.09 IN IA. NO.7270/09. R1 & R2 BY GOVT. PLEADER MR.DILIP MOHAN R3 BY ADV.MR.B.PREMNATH (E) ADDL. R4 BY ADV.MR.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23990/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 16.1.2006 ISSUED BY 2ND RESPONDENT. P2:- COPY OF THE ORDER DTD. 29.5.06 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE ORDER DTD. 5.6.06 ISSUED BY 2ND RESPONDENT. P4:- COPY OF THE REPRESENTATION DTD. 4.8.06 BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5:- COPY OF THE ORDER DT. 31.7.06 ISSUED BY 2ND RESPONDENT. TRUE COPY P.A.TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23990/2007-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of December, 2009 J U D G M E N T This writ petition is filed by the petitioner challenging an order of transfer. The petitioner is working as High School Assistant (Maths) in G.H.S. Pallikkara. Ext.P5 is the order by which the petitioner has been ordered to be transferred to G.H.S.S, Bangaramanjeshwar and, the third respondent who is working as H.S.A (Maths) in G.H.S. Pallikkara is ordered to be retained in the same school. 2. Heard the learned counsel for the petitioner, the learned Government Pleader, the learned counsel for the third respondent and the learned counsel appearing for the additional fourth respondent. 3. The main allegation raised by the petitioner in the writ petition is that the third respondent was appointed on 01/06/2006 in the absence of a vacancy for Maths and ignoring the prescription regarding appointment of English Teachers. The contention therefore is that to retain the third respondent, the petitioner has been disturbed. 4. The third respondent has filed a counter affidavit justifying Ext.P5 order. W.P.(C). No.23990/2007 -:2:- 5. This Court by an interim order had stayed the implementation of Ext.P5. 6. The learned counsel for the additional fourth respondent submitted that both the petitioner and the third respondent cannot be retained in the same school as one of the vacancies will have to be filled up by H.S.A (English). Whatever that be, in the light of the fact that the writ petition has been pending for a number of years, there will be a direction to the Deputy Director of Education who had issued Ext.P5 (not arrayed as a respondent) to take a decision after hearing the petitioner, the third respondent and the additional fourth respondent, and appropriate orders will be passed within a period of three weeks from the date of receipt of a copy of this Judgment. 7. Orders as above will be passed after considering the state of affairs as on today also. The interim order will continue till such orders are passed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms