IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 24177 of 2010(V) --------------------------------------- PETITIONER(S): ------------------------ SAJI.D, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), S.N.D.P. VOCATIONAL HIGHER SECONDARY SCHOOL, ADIMALY, PIN-685 561. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695 014. 3. ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695 014. 4. CORPORATE MANAGEMENT OF S.N.D.P.YOGAM SCHOOLS, KOLLAM, PIN-691 001, REPRESENTED BY ITS GENERAL MANAGER. 5. JYOTHIMOL.R., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), S.N.D.P. HIGHER SECONDARY SCHOOL, UDAYAMPEROOR, PIN-682 307. 6. SHYNIMOL.K., HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), S.N.D.P. HIGHER SECONDARY SCHOOL, UDAYAMPEROOR, PIN-682 307. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.T.T.MUHAMOOD R4 BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) R5 BY ADV. SRI.S.RAMESH BABU R6 BY ADV. SRI.P.C.SASIDAHRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24177/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.E300/2010/GE DATED 25/5/2010 OF THE GENERAL MANAGER OF THE 4TH RESPONDENT CORPORATE MANAGEMENT OF S.N.D.P.YOGAM SCHOOLS, KOLLAM. P2 COPY OF THE JUDGMENT IN WP(C)NO.16933 OF 2010 DATED 1/6/2010 OF THIS HON'BLE COURT. P3 COPY OF THE APPEAL DATED 2/6/2010 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION. P4 COPY OF THE ORDER NO.EC3/41615/2010/DPI/K.DIS DATED 22/7/2010 OF THE 3RD RESPONDENT. P5 COPY OF THE G.O.(RT)NO.2672/87/G.EDN DATED 10/9/1987. P6 COPY OF THE LETTER NO.C.374/10-11 DATED 23/12/2010 OF THE HEADMASTER OF S.N.D.P.H.S.S., UDAYAMPEROOR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24177 OF 2010 --------------------------------------- Dated this the 24th day of March, 2011. J U D G M E N T The challenge is against Ext.P4 order whereby the challenge against the order of transfer passed by the Management was declined by the Additional Director of Public Instruction. The operative portion of Ext.P4 reads as follows: “In the circumstances, the request of the petitioner deserves no consideration and is rejected. But, the Manager shall consider his request favourably within a reasonable time”. 2. Learned counsel for the petitioner submitted that retirement vacancies may arise on 31.03.2011 and further vacancies may arise next year also and the claim of the petitioner may be directed to be considered for the coming academic year before any transfers are effected. Therefore, the challenge against Ext.P4 fails. But, it is made clear that the Management will consider the claim of the petitioner as against the claims of respondents 5 and 6 or W.P.(C) No.24177/2010 2 anybody else before transfers are effected in the next academic year, in the light of the observations in the operative portion of Ext.P4. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp