IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 2822 of 2011(C) ------------------------------------- PETITIONER: ------------------- M.K.VISWANATHAN S/O.GOVINDAN, AGED 50 YEARS, HIGHER SECONDARY SCHOOL TEACHER IN ENGLISH, GOVT.HIGHER SECONDARY SCHOOL, CHIRAKKARA, SCHOOL CODE: 13097, THALASSERY- 670 104. BY ADVS. SRI.K.V.PAVITHRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM – 695 001. 3. SRI.O.K.SHANOOJ, HSST IN ENGLISH, GVHSS KATHIRUR, KATHIRUR P.O., THALASSERY – 673 642. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.2822 Of 2011 C ----------------------------------------------------- DATED THIS THE 2nd DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner is aggrieved by the order Exhibit P5, to the extent to which the petitioner is transferred to Government Higher Secondary School, Pattiam. The petitioner was earlier working in the said School and he opted for transfer to Government Brennen School, Thalassery. He was not given the first choice, but was transferred to Government Higher Secondary School, Chirakkara at Thalassery. Consequent to the posting of one Shri Sugunan P. as Principal of the Higher Secondary School, Chirakkara, the petitioner became excess. The second respondent invited application from teachers, who became excess consequent on the posting of Principal and the same has been produced as Exhibit P2. The petitioner also responded to the same. The petitioner sought for a transfer to Brennen School itself. Now he is given a transfer to Government Higher Secondary School, Pattiam. According to the petitioner, he had more than seven years of service in the said School. Therefore, he could have been given transfer to the preferred station. It is pointed out W.P.(C)No.2822/11 -2- that the guidelines for transfer which is produced as Exhibit P6 will show that the denial of the claim is unjustifiable. 2. The learned Government Pleader on getting instructions submitted that the present station is also one of the opted Stations by the petitioner and there is no illegality in the order of transfer. 3. Exhibit P5 is one passed by the Director of Higher Secondary Education. If the petitioner has got any grievance in the matter, and also if the petitioner has got any complaint that the guidelines have not been properly looked into while considering his claim, it is open to the petitioner to move the Director of Higher Secondary Education itself by way of a representation. If the petitioner files a representation along with a copy of the Writ Petition and a copy of this judgment, the same will be considered and appropriate orders will be passed by the 2nd respondent within a further period of two months. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge