IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 3RD JULY 2007 / 12TH ASHADHA 1929 WP(C).No. 17877 of 2007(C) -------------------------- PETITIONERS: ------------ 1. K.MOOSA, SON OF KUNHAMMAD K., ASSISTANT TEACHER, GOVT. BLIND SCHOOL, KASARAGOD. 2. P.M.ABOOBACKER, S/O MOHAMMED, BRAILIST, GOVT. BLIND SCHOOL, KASARAGOD. 3. UMESHAN, S/O MADHAVAN K., ASSISTANT INSTRUMENT MUSIC TEACHER, (PART-TIME), GOVERNMENT BLIND SCHOOL, KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR(ACADEMIC), THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 5. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. 6. THE ADMINISTRATIVE ASSISTANT OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 7. V.R.HARIDAS, BRAILIST, GOVT. BLIND SCHOOL, OLASSA, KOTTAYAM. *8. THE SECRETARY STATE OF KERALA GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM ADDL. RESPONDENT NO.8 IMPLEADED AS PER ORDER DT. 3.7.07 IN I.A. 8881/07 BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2007 ALONG WITH WPC NO. 17889 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER, J. -------------------------- W.P.(C). NOs. 17877 & 17889 OF 2007 --------------------- Dated this the 3rd day of July, 2007 J U D G M E N T Petitioners in these two writ petitions are teachers working in the Government School for the Blind at Kasargod and Kottayam respectively. In W.P.(C) No.17877/07, petitioner No.1 has been ordered to be transferred to Thrissur, petitioner No.2 to Kottayam and petitioner No.3, who is a part-time teacher, to Thiruvananthapuram. Petitioner in W.P.(C) No.17889/07 has been shifted from Kottayam to Kasargod. 2. Petitioners contend that the order of transfer is totally unwarranted and is nothing but an act of victimisation. They have also raised various other contentions. I do not propose to deal with any of the contentions raised by the petitioners in support of their plea for quashing the said order at this stage. 3. It appears that the Director had passed the orders of transfer pursuant to a report submitted by the Deputy Director of Education, Kasargod. Yet again, I refrain from making any observations on the contents of the report, which has been made available by the learned Government Pleader for perusal, particularly WPC NOS.17877 & 17889/07 Page numbers since the orders of transfer have come into force and petitioners have reportedly assumed charge at their respective stations to which they have been transferred. 4. However, in the peculiar facts and circumstances of the case, particularly in view of the submissions made by learned counsel for the petitioners at the Bar that the petitioners being blind they find it extremely difficult to adjust to the new stations because of various reasons, undoubtedly peculiar to such disabled persons, I am of the view that the grievances of the petitioners may have to be considered by the competent authority with due compassion. Petitioners have preferred representations highlighting their predicament and grievances. Learned counsel submits that the authority concerned may be directed to take a decision in the matter without any delay. In the above facts and circumstances, W.P.(C) No.17877/07 is disposed of with a direction to additional respondent No. 8 to consider and pass orders on Exts.P5 to P7 strictly on their merit and in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Similarly, respondent No.1 shall also take a decision on WPC NOS.17877 & 17889/07 Page numbers Ext.P4 within the time stipulated above. Needless to mention that the authority concerned shall afford sufficient opportunity to the petitioners or their authorised representatives to be heard before any decision is taken in the matter. Petitioners shall produce a certified copy of the judgment along with a copy of the writ petition before the authority concerned for compliance. The writ petitions are disposed of in the above terms. A.K. BASHEER, JUDGE vps WPC NOS.17877 & 17889/07 Page numbers A.K. BASHEER, JUDGE OP NO.20954/00 JUDGMENT 1ST MARCH, 2007