IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 34980 of 2010(V) ------------------------------------- PETITIONER(S): ------------------------ FLOWER PAUL,PRIMARY DEPARTMENT TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, ERUMAPETTY. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR(EDUCATION), THRISSUR,PIN-680003. 2. HEAD MASTER,GOVERNMENT HIGHER SECONDARY SCHOOL,ERUMAPETTY,PIN-680584. 3. DALEELA P.JOSE,UPPER PRIMARY SCHOOL ASSISTANT,GOVERNMENT HIGHER SECONDARY SCHOOL, ERUMAPETTY,PIN-680 584. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34980 of 2010-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT The petitioner filed this writ petition aggrieved by Ext.P1 order by which the petitioner has been transferred and posted to G.V.H.S.S., Desamangalam. 2. The petitioner is working as a P.D. Teacher in Government Higher Secondary School Erumapetty. It is the contention of the petitioner that on 16.7.2008 she was transferred to Govt. L.P. School, Erumapetty where she joined duty on 27.7.2008 and worked till 23.7.2009. From that school she was transferred to the present school where she joined duty on 24.7.2009 and is continuing. 3. The transfer is due to the reason that there is a reduction of post in G.V.H.S.S., Erumapetty. The petitioner mainly contends that the third respondent is an aided school teacher who was posted to G.V.H.S.S., Erumapetty on protection. The contention raised, therefore, is that this is highly illegal and arbitrary. It was also contended that if a revisit is conducted, there is likelihood of one more division and one more post being sanctioned. Based on the interim order passed by this Court, the petitioner wpc 34980/2010 2 is continuing in G.V.H.S., Erumapetty. 4. Learned Govt. Pleader has produced along with a memo, the order passed by the District Educational Officer after a revisit conducted. No post has been sanctioned additionally. 5. In the counter affidavit filed by the first respondent, it is pointed out that the third respondent, a protected hand was also transferred to an uneconomic school and she has been relieved of the duties and joined the school to which she was transferred. It is therefore clear that there is no post available for the continuance of the petitioner. In that view of the matter, Ext.P1 cannot be faulted on any ground. 6. If the petitioner requests for a posting in any other convenient school by submitting an appropriate representation, the same will be considered and orders will be passed. The writ petition is dismissed with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/