IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15100 of 2009(F) -------------------------------------- PETITIONER(S): ---------------------- PRAKASH. M. (HSST JR.) (COMMERCE), BEM HSS, PALAKKAD. BY ADV. MR.BENOY THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CALICUT. 4. CORPORATE MANAGER, C S I SCHOOLS IN MALABAR & WYNAD. C S I NORTH KERALA DIOCEASAN EDUCATIONAL AGENCY, C S I CORPORATE MANAGER'S OFFICE, BANK ROAD, MANANCHIRA, KOZHIKODE. 5. SUMESH JOHN, HSST JR.(COMMERCE), MCC HSS, CALICUT. R1 TO R3 BY SR.GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15100/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner herein is working as HSST Jr.(Commerce) at BEM H.S.S, Palakkad under the fourth respondent Corporate Manager. The petitioner had been working there without any complaints. Presently, he is transferred to MCC HSS, Calicut where the fifth respondent is working. The fifth respondent is transferred to BEM HSS, Palakkad where the petitioner is working. The order is dated 28/05/2009. 2. It is submitted by the learned counsel for the petitioner that neither the petitioner nor the fifth respondent had sought for a transfer. The fifth respondent is a native of Calicut and it will be convenient for him also to continue at Calicut itself. The petitioner is permanently residing at Velikkat, 8 kms. away from Palakkad and he is having a two year old child, wife and old aged parents with him. It is therefore, pointed out that a transfer to Calicut will cause serious prejudice and hardship to the petitioner. 3. The petitioner has pointed out various grounds in the writ petition to challenge the order of transfer. The learned Government Pleader W.P.(C). No.15100/2009 -:2:- points out that the petitioner will have to approach the second respondent, challenging the order of transfer. In that view of the matter, if the petitioner files appropriate representation within one week from today before the second respondent, the same will be considered and appropriate orders will be passed after hearing the petitioner and the fifth respondent within a period of six weeks. The order of transfer Ext.P2 will be kept in abeyance till final orders are passed by the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms