IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33861 of 2008(F) -------------------------- PETITIONER(S): ------------------ ANIL KUMAR V.P., AGED 40 YEARS, S/O.PARAMESWARAN ILAYATH, VAZHUTHANPPILLI ILLOM, NADUVATTOM P.O., PATTAMBI, PALAKKAD DIST. BY ADV. SRI.KKM.SHERIF SRI.T.K.SAIDALIKUTTY RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, MANKADA, MALAPPURAM DISTRICT. 5. THE MANAGER, AIDED UP.SCHOOL, VAIKKATHUR VALANCHERY, MALAPPURAM DISTRICT. AND AIDED MOPILA UPPER PRIMARY SCHOOL VENGAD, MALAPPURAM DISTRICT. GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 33861 OF 2008 (F) ==================== Dated this the 18th day of November, 2008 J U D G M E N T Petitioner submits that being a graduate with B.Ed, he was appointed in AMUP School, Vengad as UPSA w.e.f. 2/6/99. Subsequently w.e.f. 5/6/2000, he was transferred to an aided Lower Primary school at Vaikathur as LPSA. Again by Ext.P1 order dated 1/6/08, he was transferred to AMUPS, Vengad as LPSA against a transfer vacancy of an LPSA. 2. It is stated that his salary bill for June 2008 was returned by the 4th respondent for the reason that the transfer was irregular as the petitioner did not possess TTC. It is stated that AEO also referring to Ext.P5 circular dated 26/6/07 passed Ext.P3 order that only a teacher with TTC can be transferred. Petitioner contends that Ext.P3 does not contain any amendment to the statutory rule, but was only a proposal and that complaining of Ext.P3, he has filed Ext.P4 appeal to the 3rd respondent. It is stated that orders have not been passed on Ext.P4 and at the same time he is not being paid salary for which also he has complained by Ext.P6. 3. Facts being as above, I feel that what is required is that the appeal should be decided by the 3rd respondent, in which case the whole controversy can be given a quietus. Therefore, I direct that the 3rd WPC 33861/08 :2 : respondent shall take up, consider and pass orders on Ext.P4 appeal of the petitioner, with notice to the petitioner and the 5th respondent. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp