IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 31964 of 2009(M) ------------------------------------- PETITIONER(S): ----------------------- VINOD GODFRED M S/O.SADANANDAN CLEMENT, AGED 35 YEARS LABORATORY ASSISTANT, B.E.M.G.H.S.S,CALICUT. BY ADVS. MR.R.SUDHISH SMT.M.MANJU RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING,SHATINAGAR, THIRUVANANTHAPURAM. 3. THE CORPORATE MANAGER CSI DIOCESAN SCHOOLS,MALABAR AND WAYANAD AREA BANK ROAD, MANANCHIRA,KOZHIKODE. 4. STEPHEN THEODRE T., S/O.THURACKAL JOHN, AGED 54 YEARS LAB ASSISTANT, BEMHSS, PALAKKAD. 5. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION,KOZHIKODE. R1, R2 & R5 BY GOVT. PLEADER MR. DILIP MOHAN R3 BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.C.P.SIVADASAN NAIR. R4 BY MR.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, WP(C) NO. 33226 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31964/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TRANSFER ORDER DTD. 28.5.2009 ISSUED BY THE 3RD RESPONDENT. P2:- COPY OF THE ORDER DTD. 14.10.2009 OF THE 2ND RESPONDENT . P3:- COPY OF THE ARGUMENT NOTES SUBMITTED BY THE PETITIONER BEFORE THE 23ND RESPONDENT. P4:- COPY OF THE ARGUMENT NOTES SUBMTITED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT . P5:- COPY OF THE ORDER DTD. 12.10.09 OF THE 2ND RESPONDENT . P6:- COPY OF THE APPEAL MEMORANDUM DTD. 2.11.09 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 31964/2009-M & 33226/2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2009. JUDGMENT W.P.(C) No.31964/2009 is filed challenging Ext.P5 order of the second respondent. The petitioner herein was transferred from B.E.M. Higher Secondary School, Palakkad to the present school as per Ext.P1 order dated 28.5.2009 issued by the Manager The petitioner in W.P.(C) No.33226/2009 challenged the same before the Director of Higher Secondary Education and by Ext.P5 proceedings dated 12.10.2009 the said order of transfer was cancelled and the Manager is directed to modify the proceedings by transferring the petitioner in W.P.(C) No.33226/2009. Aggrieved by the same, the petitioner filed an appeal before the Government as per Ext.P6 and in the meanwhile, approached this court by filing this Writ Petition. 2. This Court passed an interim order on 13.11.2009. After the 4th respondent entered appearance, he opposed the continuance of the interim order and as per order dated 26.11.2009, the interim order was vacated. It was made clear that the implementation of the order Ext.P5 will be subject wpc 31964/09 & 33226/09 2 to the appeal filed by the petitioner. 3. Since Ext.P6 appeal is pending, it is up to the first respondent to take a decision on the same after hearing all the parties including respondents 3 and 4 in W.P.(C) No.31964/2009. Appropriate orders will be passed in the appeal within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, if the petitioner seeks for any interim order in the appeal, that can also be considered by the Government with notice to the 4th respondent also. Since the interim order herein stands vacated, the third respondent Manager will implement Ext.P5, which will be subject to any orders to be passed in the stay petition/appeal filed by the petitioner. 4. The petitioner in W.P.(C) No.33226/2009 is seeking implementation of Ext.P4 (Ext.P5 in W.P.(C) No.31964/2009). As directed above, the same will be implemented within a period of two weeks from today. The petitioner in W.P.(C) No.31964/2009 has got a further complaint that the admissible salary from 1.6.2009 has not been disbursed so far. The 5th respondent will look into the matter and appropriate action will be taken for disbursing the salary in accordance with law. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) wpc 31964/09 & 33226/09 3 kav/