IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31197 of 2010(Y) -------------------------- PETITIONER(S): --------------- MOHANAN.P.K., PHYSICAL EDUCATION TEACHER, BEM GIRLS HSS, KOZHIKODE. (NOW TRANFERRED BEM HIGH SCHOOL, KASARAGOD) BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- 1. THE CORPORATE MANAGER, CSI SCHOOL IN MALABAR AND WYANAD, KOZHIKODE.-673001 2. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-695001 3. DISTRICT EDUCATION OFFICER, KOZHIKODE-673 001 4. DISTRICT COLLECTOR, KOZHIKODE-673 020. 5. SHOBHANA BAI.N.K., PHYSICAL EDUCATION TEACHER, BEM GIRLS HS, KOZHIKODE-673001 6. HEADMISTRESS, BEM GIRLS HSS, KOZHIKODE-673 001 7. STATE ELECTION COMMISSION, TRIVANDRUM-695 001 BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31197 OF 2010 ------------------------------ Dated this the 12th day of October, 2010 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to respondents 1, 5 and 6. The Government Pleader takes notice for respondents 2 and 4. The Standing Counsel takes notice for 7th respondent. 2. The petitioner was working as Physical Education Teacher at BEM Girls High School, Kozhikode. The first respondent is the Corporate Manager. It is stated that the petitioner was working in that school from 8.7.2006 onwards. The petitioner is the community police officer appointed in accordance with GO(P) No.121/2010/HD dated 29.5.2010, as evidenced by Ext.P1. It is stated that when the petitioner was engaged in the North Zonal Games Championship from 4th October to 6th October at Kannur, the first respondent issued W.P.(C).No.31197 OF 2010 2 Ext.P3 order dated 4.10.2010 transferring the petitioner to BEM High School, Kasaragod. By the same order the 5th respondent was transferred from BEM High School, Parappanangadi to BEM Girls High School, Kozhikode. The petitioner approached the District Collector, who is also the District Election Officer stating that the ban on transfer till the election to the local bodies is over, issued by the State Election Commission applies and therefore, the petitioner should not be transferred. Ext.P4 order dated 7.10.2010 was issued by the District Election Officer directing the Principal of the School to keep in abeyance the transfer of the petitioner. The petitioner also relies on Ext.P5 letter issued by the Nodal Officer, Student Police Cadet to the first respondent, wherein it is indicated that, if the petitioner is transferred to another school it would affect the functioning of Students Police Cadet project in the school. The petitioner also submitted Ext.P6 representation to the Director of Public Instruction, Thiruvananthapuram. It is W.P.(C).No.31197 OF 2010 3 submitted by the learned counsel for the petitioner that a detailed representation also would be filed by the petitioner before the Director of Public Instruction. 3. The learned counsel for the petitioner submitted that though the petitioner was engaged on 4th October, 2010 in the North Zonal Games Championship at Kannur, in his absence, the petitioner was relieved by the Headmaster and the 5th respondent took charge as Physical Education Teacher in BEM High School, Kozhikode. The learned counsel for the petitioner submitted that the transfer order is illegal. It is pointed out that the 5th respondent was on leave without allowance for a period of 5 years and only recently she rejoined after the leave period. It is also submitted that in the light of the ban imposed by the State Election Commission, the first respondent was not justified in issuing Ext.P3 order. The petitioner also alleges that the seniority norms were violated by the first respondent while issuing W.P.(C).No.31197 OF 2010 4 Ext.P3 order of transfer. Various other grounds are also raised by the petitioner stating that the transfer was unjustified. 4. Since the appeal filed by the petitioner is pending before the Director of Public Instruction, it is not necessary at this stage to consider the merits of the contentions raised by the petitioner. It would be sufficient, if the Director of Public Instruction is directed to dispose of the appeal at the earliest. Accordingly, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall dispose of Ext.P6 appeal and also any additional representation that may be filed by the petitioner within two weeks, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a W.P.(C).No.31197 OF 2010 5 copy of the judgment, after affording an opportunity of being heard to the petitioner, the first respondent and the 5th respondent. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. c) The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to respondents 1, 5 and 6 by registered post and he shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms