IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27816 of 2011(B) -------------------------- PETITIONER:- ------------------ JOHN JOSEPH.K, AGED 45 YEARS, S/O.A.Y.JOSEPH, AYYANAMPARAMBIL HOUSE, CHEMBU P.O., VAIKOM, NOW WORKING AS UPPER DIVISION CLERK, TECHNICAL HIGH SCHOOL, MULANTHURUTHY. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS:- --------------------- 1. DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 001. 2. SUPERINTENDENT, TECHNICAL HIGH SCHOOL, MULANTHURUTHY, ERNAKULAM DIST, PIN-682 314. 3. BIJUMON.A.K, LOWER DIVISION CLERK, HIGHER GRADE, GOVERNMENT TECHNICAL HIGH SCHOOL, MULANTHURUTHY, ERNAKULAM DIST., PIN-682 314. BY SR.GOVT.PLEADER SRI.LIJU STEPHEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27816 of 2011(B) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE PROCEEDINGS DTD.24.2.2011 OF THE DIRECTORATE OF TECHNICAL EDUCATION DEPARTMENT. P2: COPY OF THE REPRESENTATION DTD.10.10.2011 ISSUED BY THE SUPERINTENDENT OF TECHNICAL HIGH SCHOOL, MULANTHURUTHY. P3: COPY OF THE ORDER DTD.13.10.2011 OF THE FIRST RESPONDENT WITH THE RELEVANT PORTION OF THE APPENDIX. P4: COPY OF THE LETTER OF THE SUPERINTENDENT OF THE TECHNICAL HIGH SCHOOL MULANTHURUTHY DTD.15.10.2011. P5: COPY OF THE REPRESENTATION DTD.18.10.2011 FILED BY THE PETITIONER. P6: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DTD.14.10.2011. RESPONDENTS' EXHIBITS:- NIL. ( true copy ) P.A. TO JUDGE. Kvs/- K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.27816 of 2011-B. = = = = = = = = = = = = = Dated this the 19th October, 2011. J U D G M E N T The complaint of the petitioner is that he has been transferred from the Technical High School, Mulanthuruthy where he is working as an Upper Division Clerk and posted to the Regional Directorate, Technical Education, Kothamangalam. According to the petitioner, he is a person who has been subjected to frequent transfers during his career. He has only completed a little more than one year at his present place of posting. In the Technical High School, Mulanthuruthy, though there are four posts of clerks, only three persons are posted while one post is remaining unfilled. The post of Head Clerk is also remaining vacant. The third respondent who is the other clerk working there, is a person who remains frequently on leave. Therefore, if the petitioner is also transferred out, WP(C).No.27816/2011-B. 2 the school would be left with only one clerk. The above situation would adversely affect the working of the school. Therefore, the Superintendent of the school has submitted Ext.P4 representation requesting that the petitioner may not be transferred. 2. The petitioner further points out that the third respondent is a person whose native place is near Kothamangalam. He has been seeking a posting to Kothamangalam and has also submitted Ext.P5 representation. However, no orders have been passed on Ext.P5 so far. The petitioner has also submitted a representation, Ext.P6. It is the further contention of the petitioner that the third respondent who is the junior most person has been retained at the station, for no justifiable reason. 3. I have heard the learned Government Pleader also. 4. Considering the fact that Exts.P4, P5 and P6 are WP(C).No.27816/2011-B. 3 pending consideration of the first respondent, it is sufficient that this writ petition is disposed of directing the said representations to be considered on an early date. This writ petition is accordingly disposed of directing the first respondent to consider the objections contained in Exts.P4, P5 and P6 representations submitted by the petitioner as well as the 2nd and 3rd respondents, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. Until final orders are passed in the matter as indicated above, the deployment of the petitioner shall be kept in abeyance. K.SURENDRA MOHAN, (Judge) Kvs/-