IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 29710 of 2011(K) -------------------------- PETITIONER(S): --------------- C.J. MATHAI, PHYSICAL EDUCATION TEACHER (HIGH SCHOOL) GOVERNMENT HIGH SCHOOL, MOOLAMATOOM, IDUKKI DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.C.S.SHEEJA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA.P.O, THODUPUZHA - 685 001 SENIOR GOVERNMENT PLEADER SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29710 of 2011(K) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1- TRUE COPY OF THE APPOINTMENT ORDER NO. A3/14600/89 DATED 24/10/1989. EXHIBIT-P2- TRUE COPY OF THE ORDER NO. A3/12471/08 DATED 07/10/2008 EXHIBIT-P3- TRUE COPY OF THE ORDER NO. A3/2786/11 EXT.P4 TRUE COPY O F THE REPRESENTATION DT.14/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29710/2011-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of December, 2011 J U D G M E N T The petitioner is aggrieved by the order of transfer Ext.P3, by which the petitioner, who has been working under a clubbing arrangement with IHEP GHS Kulamavu, is transferred to G.U.P.S., Vandiperiyar. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The second respondent has filed a counter affidavit in the matter. 4. The petitioner, going by the facts recorded in the writ petition, is a Physical Education Teacher (High School). Initially, he worked for seven years at Thopramkudy and was transferred to Kolamavu wherein he worked for nine years and subsequently, he was transferred to Amaravathy wherein he worked for four years. In the year 2008, he was transferred to Government High School, Moolamattom. In the year 2008-09, he became surplus and a clubbing arrangement was made with Idukki Hydro Electro Project, Government W.P.(C). No.29710/2011 -:2:- Vocational High School, Kulamavu and by Ext.P2 order he was permitted to continue at G.H.S., Moolamattom. The order of transfer is made from the said schools in Ext.P3. 5. It is explained in the counter affidavit that the transfer is effected as a vacancy has arisen in the Government Upper Primary School at Vandiperiyar. 6. The learned counsel for the petitioner submitted that if the petitioner is disturbed, then the clubbing arrangement with the two schools will also come to an end which will affect the two schools. No substitute is available for a posting in his place. 7. Along with I.A.No.20324/2011, the petitioner has produced Ext.P4 representation filed before the Government seeking for appropriate modification of Ext.P3 order. Therefore, I am not going into merits of the disputes arisen herein. There will be a direction to the first respondent to consider and pass orders on Ext.P4 representation within a period of two months from the date of receipt of a copy of this Judgment. The interim order passed by this Court, not to relieve W.P.(C). No.29710/2011 -:3:- the petitioner, will continue till orders are passed by the Government. The writ petition is disposed of as above. The petitioner will forward a copy of the writ petition along with a copy of the Judgment to the first respondent. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms