IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 27637 of 2009(Y) -------------------------- PETITIONER(S): --------------- VIJAYAGOPALAN, S/O.GOPALAN NAIR, AGED 48,POOZHIKKANNATHU HOUSE,CHERUPULASSERI.P.O, PALAKKAD DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THE DIRECTORATE OF PUBLIC INSTRUCTION OFFICE, DEPARTMENT OF EDUCATION,SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR,EDUCATION DAPARTMENT PALAKKAD. 3. THE DISTRICT EDUCATION OFFICER, DEPARTMENT OF EDUCATION,PALAKKAD. 4. THE HEADMASTER,ANANGANNADI HIGH SCHOOL, ANANGANNADI.P.O,OTTAPPALAM,PALAKKAD. 5. THE HEADMASTER,GOVERNMENT HIGH SCHOOL, MARAYAMANGALAM.P.O,PALAKKAD. R1 TO R3 BY G.P. SHRI T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27637 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009. JUDGMENT The petitioner is presently working as a drawing teacher in Government High School, Marayamangalam in Palakkad District. He is a protected teacher. It is the case of the petitioner that in the light of Ext.P1 circular he has been drawing salary from his parent school, viz. Govt. High School, Ananganadi for the period from 1.11.2008 to 1.6.2009. Thereafter, he did not not get salary either from the 4th respondent or from the 5th respondent. The petitioner submitted a representation dated 21.8.2009, to which a reply was given as per Ext.P2 stating that disbursement of salary will be made subject to appointment of the first respondent. The petitioner is presently ordered to be transferred to P.T.M.H.S., Thrikkadeevi, Palakkad, as per Ext.P4. The petitioner's apprehension is that he is sought to be transferred only because he submitted Ext.P2 representation. No substitute has also been posted in his place. 2. Learned Govt. Pleader on instructions submitted that the petitioner is being deployed, since the management of a newly opened school submitted a request for the service of a protected teacher. wpc 27637/2009 2 3. The petitioner has already approached the Deputy Director of Education as per Ext.P6. It is upto the Deputy Director of Education to pass appropriate orders in the matter. There will be a direction to the second respondent to consider the request made by the petitioner in Ext.P6 and take a decision and communicate the same to the petitioner within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/