IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 33066 of 2010(G) PETITIONER: --------------- SHAJAHAN.K. HSST(JR)MALAYALAM, GOVERNMENT TAMIL HIGHER SECONDARY SCHOOL, CHALAI, THRIUVANANTHAPURAM-695 036 BY ADVS.M/S.DEVAN RAMACHANDRAN AND ANEESH K.M. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HIGHER SECONDARY DIRECTORATE, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THRIUVANANTHAPURAM-695001. 3. THE PRINCIPAL, GOVERNMENT TAMIL HIGHER SECONDARY SCHOOL, CHALAI,THRIUVANANTHAPURAM-695 036. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 33066 OF 2010 G ------------------------------------------------------ Dated this the 24th day of November, 2010 JUDGMENT The petitioner, while working as HSST (Junior), Government Tamil H.S.S., Chalai, was appointed as HSST, as per by transfer appointment, by Ext.P1 order dated 29.6.2010 and he was posted at Government Higher Secondary School, Budhanoor, Alappuzha. The petitioner did not join at the transferred school. It is stated that he was not relieved. However, Ext.P6 order dated 10.10.2010 was issued by the Director of Higher Secondary Education to the Principal of the School in which the petitioner was working, directing to relieve the petitioner with immediate effect. The petitioner challenges Ext.P1 order, to the extent to which he is transferred to Bhudanoor on his appointment as HSST, as well as Ext.P6. It is stated that there are vacancies in the school in which the petitioner was working and that he submitted Ext.P3 representation dated 7.7.2010 to the Director of Higher Secondary Education. Ext.P3 is pending disposal. 2. Ext.P1 is an order of appointment by transfer. Naturally, on the appointment of the petitioner as HSST, he was appointed in W.P.(C) NO.33066 OF 2010 :: 2 :: another school. Petitioner cannot challenge Ext.P1 on that ground. Ext.P6 is the order to relieve the petitioner. When the petitioner is posted at another school, naturally he should be relieved from the school where he was working. Therefore, Ext.P6 cannot be faulted. What remains is the question whether Ext.P3 is liable to be considered. Nothing prevents the Director from considering the request made by the petitioner in Ext.P3. 3. Accordingly, there will be a direction to the second respondent to consider and dispose of Ext.P3 representation submitted by the petitioner within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. Since the challenge against Exts. P1 and P6 fails, the Writ Petition is dismissed to that extent. However, the Writ Petition is allowed to the extent mentioned in paragraph 3 above. (K.T.SANKARAN) Judge ahz/