IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 14923 of 2011(M) -------------------------- PETITIONER: --------------- JOHNSON.P.J., P E T, A U P SCHOOL, DWARAKA (S/O. JOSEPH, AGED 46 YEARS, POTTANANIYIL HOUSE, KANCHAR POST, PIN-670674) KANNUR DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY, MANANTHAVADY-670645. 2. THE DISTRICT EDUCATIONAL OFFICER, WAYANAD, KALPETTA-673121. 3. THE ASST. EDUCATIONAL OFFICER, MANANTHAVADY-670645. 4. THE ASST. EDUCATIONAL OFFICER, VYTHIRI-673576. 5. SRI. GIGI K., PET, ST. MARY'S U P SCHOOL THARIODE-673589. ADDL.R6 IMPLEADED THE DIRECTOR OF PUBLIC INSTRUCTION, KERALA, THIRUVANANTHAPURAM 695013. ADDL.R6 IMPLEADED AS PER ORDER DT.17.6.11 IN I.A.No. 9201/11 IN W.P.(C)No.14923/11) ADV. SRI.M.VIJAYAKUMAR FOR R1 GOVT.PLEADER SHRI V.VIJULAL FOR R2 TO R4 & R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14923/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO.15/2009 DT.9.2.09 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THEORDER NO.22/2011 DT.1.6.11 OF THE 1ST RESPONDENT. EXT.P3 : COPY OF THE APPEAL FILED BEFORE THE 6TH RESPONDENT INCLUDING STAY PETITION. EXT.P4 : COPY OF THE LETTER DT.20.6.11 AND THE ARGUMENT NOTE OF THE 2ND RESPONDENT. EXT.P5 : COPY OF THE LETTER DT.20.6.11 AND THE ARGUMENT NOTE OF THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1 (A) : COPY OF THE COMPLAINT RECEIVED BY THE 1ST RESPONDENT DT.12.8.10. EXT.R1 (B): : COPY OF THE COMPLAINT RECEIVED BY THE 1ST RESPONDENT DT.3.11.10. EXT.R1 (C) : COPY OF THE COMPLAINT RECEIVED BY THE 1ST RESPONDENT DT.17.3.2011. //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.14923 Of 2011-M -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The petitioner is challenging Exhibit P1 order of transfer, wherein the 5th respondent is transferred to the school where the petitioner is working. While admitting the Writ Petition, this Court passed an interim order dated 3.6.2011 for a period of two weeks and this Court also directed the petitioner to challenge Exhibit P2 before the Director of Public Instruction and produce the copy of the appeal before this Court. 2. The Manager has filed a counter affidavit and an additional counter affidavit. 3. The learned counsel for the petitioner submitted that there are no justifiable reasons for the transfer and the transferred station is at a distance of 65 Kms away from his native place and the same is causing great personal inconvenience to him. It is submitted that the order of transfer has been issued hastly and it is prayed that the respondents may be directed to take a decision in the matter immediately. W.P.(C)No.14923/11 -2- 4. The learned counsel for the Manager submitted that the transfer has been ordered on justifiable grounds and the 5th respondent has already joined the school on 1.6.2011 before the interim order was passed by this Court. 5. The petitioner has already approached the Director of public Instruction as directed in the interim order passed by this Court and Exhibit P3 is the copy of the appeal. 6. It is submitted by the learned Government Pleader and the learned counsel for the Management that a hearing was conducted on 22.6.2011 and the petitioner has sought for some more time to produce certain documents and it was not proceeded further because of the pendency of the Writ Petition. 7. Since this is a challenge with regard to the order of transfer, the matter will have be considered by the Director of Public Instruction within a shortest possible time. The learned Government Pleader sought for two months' time to dispose of the appeal finally. 8. The interim order is vacated as the 5th respondent joined on 1.6.2011. There will be a direction to the Director of Public Instruction to dispose of Exhibit P3 appeal within a period W.P.(C)No.14923/11 -3- of three weeks from today. In the meanwhile, the petitioner can also point out vacancies if any in the nearby schools by filing representation before the Management without prejudice to the contentions raised in the appeal. The Writ Petition is disposed of as above. Sd/-(T.R. RAMACHANDRAN NAIR, JUDGE) dsn